General terms and conditions of sale
as of 01/06/2020
Article 1 - field of application
The present general terms and conditions (hereafter designated the GTC) govern the relations between our company, Jocaflor SAS, hereafter designated "Jocaflor SAS" or the "salesman" and the customers of Jocaflor SAS hereafter designated individually the "customer" or collectively the "customers". The fact for any customer to accept an offer or an estimate, to buy, to order or to withdraw goods or services from the salesman that it is in-situ (Drive, warehouse), at distance (http://www.jocaflor.frfor example, e-mail or fax), with the truck or by any other channel of distribution, carries its whole acceptance and without reserve of the present CGV which prevail on any other particular condition of the customer, in particular its general conditions of purchase, except express and preliminary written exemption of Jocaflor. The CGV apply and prevail whatever the nationality of the customer.
Article 2 - validity
The present CGV apply to any offer, any order and any delivery, made by Jocaflor SAS. The derogations to these CGV will be able to take the form only of particular conditions to agree beforehand and in writing between the parts. As such, the particular conditions will prevail on our general conditions. The fact of accepting an offer, of making an order or of giving an order will be regarded as the formal and unconditional acceptance of the present general conditions of sale on behalf of the purchaser.
Article 3 - Presentation of the sitehttp://www.jocaflor.frand the Products
The essential characteristics and prices of the Products proposed by Jocaflor SAS are indicated on the Sitehttp://www.jocaflor.fron the corresponding Product Sheet.
The Customer confirms that he/she has read all the Product Sheets before placing an Order.
The delivery times, the price of the Products and the expenses of delivery of the Order are specified and reminded to the Customer during the Order, particularly before the validation of this one by the Customer.
The presentation of the Products on the Web Sitehttp://www.jocaflor.frby means of descriptive sheets shall remain as faithful as possible to the actual Products, particularly with regard to the photographic representation of the said Products, and notably their colour. However, we inform the Customer that the perception of the colors can vary according to digital support (smartphone, laptop, tablet, fixed screen...) during the consultation of a product on the sitehttp://www.jocaflor.frIn conclusion, the color that appears on its digital support (smartphone, laptop, tablet, fixed screen ...) may not be completely faithful to reality. The photos of the products presented on the sitehttp://www.jocaflor.frare not contractual.
Article 4 - offers and prices
The price offers made by Jocaflor SAS, either in general form, or in particular form, are valid only for the duration indicated on these. Except formal and derogatory clause, the prices are expressed net of tax (HT), except postage and packing, and will be calculated according to the price of the day, valid the day of the delivery. The prices are expressed in euros and mention any applicable eco-taxes and/or eco-contributions. They may be modified at any time and without notice except in the case of a national promotional offer and during the period of validity of this offer. The revision of the prices according to the variation of the costs of the constituent elements of the product can in no case be a reason for cancellation of the order. A national promotional offer and during the validity period of this offer must be applied automatically on all the orders placed or validated by an employee of Jocaflor SAS or onhttp://www.jocaflor.fr. The rebates, discounts, rebates or discounts related to the whole of the invoiced operations are mentioned in foot of the invoice and distinct from the expenses (logistic, penalties of delay.). All discounts, rebates or discounts must be shown at the bottom of the invoice and may not be cancelled to compensate for transport costs or late payment.
The tariff conditions of the purchases carried out near Jocaflor SAS and withdrawn In-Situ (with the warehouse) by the customer are the following ones:
For the withdrawals in the Drive, warehouse or Showroom at JOCAFLOR SAS - 1 avenue de Menin - 59250 HALLUIN (France)
For all orders placed at Jocaflor SAS, a logistic discount (withdrawal of goods) of 7% applies without minimum of purchase directly for the orders only withdrawn in only one time to the following address Jocaflor SAS,1 avenue de Menin - 59250 HALLUIN (France). The customer can also benefit on a product, a range of product or all the products in stock or pre-order of a national promotional discount of a duration of validated precise or particular conditions of sale, except already discounted products or quantitative net prices negotiated specifically for the customer and price of destocking.
Orders taken in the warehouse or showroom for delivery are not concerned by the 7% store discount. For orders to be delivered which amount is lower than 149.99 euros HT, the customer bears the additional transport costs fixed at a percentage of 20% on the total amount of his order for all deliveries on the Belgian and French territory except Dom Tom and Corsica. For other destinations, the costs will be invoiced according to the size, weight, packaging specificity, urgency and destination of the parcel.
For the deliveries (trucks of the commercial Jocaflor SAS or external logistics)
For the orders delivered in only one time whose amount is lower than 149.99 euros HT, the Customer supports the expenses of delivery detailed below on the total amount of its order for all deliveries on the Belgian and French territory except Dom Tom and Corsica. For other destinations, the costs will be invoiced according to the size, weight, packaging specificity, urgency and destination of the package.
For any order from 150 € HT transport costs are offered for Metropolitan France and Belgium.
The transport rates and minimum order for all deliveries in Belgium and France excluding Dom Tom and Corsica. For other destinations, the costs will be invoiced according to the size, weight, packaging specificity, urgency and destination of the parcel.
For all orders under 149,99 €:
- Non-breakable products (the order will be sent in a package by our carrier)
00.01 - 29.99 kg : 20% of the total amount of the order
30.00 - 60.00 kg : 59,50 €
Dimensions (L+W+H) less than 2 meters.
- Fragile products (the order will be sent on pallet by carrier)
Any weight : 59,50 €
Dimensions (L+W+H) less than 2 meters.
Shipping fees include handling and packing fees as well as postage costs. We advise you to group your items in one order to avoid duplicating transport costs. Your package will be dispatched at your own risk. We work hard to protect the products in the packages.
Article 5 - Delivery, Drive, warehouse
All the goods sold by Jocaflor SAS will be delivered to the address of the purchaser at the doorstep and at the ground floor only. The recovery of packing is not included. From the departure of the place of forwarding, the goods will travel under the responsibility of the purchaser whatever the mode of payment of the price. The customer makes a commitment to indicate to Jocaflor SAS any difficulty of access to its local of delivery likely to disturb the delivery (access truck, dimensions road, height carpark, access to the site, parking...). Jocaflor SAS is not responsible for the delays of delivery which would undergo the mode of transport used and the date of delivery is given only as an indication. In the event of non-observance by the customer of the delivery date or in the event of error of address of delivery, the customer will be indebted of the expenses corresponding to a new presentation.
Packages are generally dispatched within 72 hours (working days) after receipt of payment except in cases of force majeure, annual leave, computer disturbances or organizational. Packages with products that are not fragile (non-breakable) are sent by our carrier, delivered against signature. When the parcel has left, you will receive an email from our carrier with a link to track your parcel. Orders with fragile products are sent by pallet to avoid any breakage.
Article 6 - Collection, reception and return of goods
The collection of goods In-Situ or delivery by our trucks, is worth reception without reserve and acceptance by the customer.
For other modes of delivery, it is up to the customer to check the condition and conformity of the goods received. In case of damage or missing goods, the customer will be held to emit all precise and motivated reserves on the delivery order in the presence of the carrier or in the 3 days following the delivery by registered letter with acknowledgement of delivery to the carrier, with a copy by any means to Jocaflor SAS (if possible accompanied by one or several photos of the met problem), in accordance with articles L133-3 and following of the code of trade. In the absence of reserve emitted within the time limit, the goods will be considered received in perfect state. The return of goods can be done at the expense of the customer within 30 days following the delivery to the customer. The products must be in perfect condition and in their original packaging. A credit note will then be issued corresponding to the amount initially invoiced excluding shipping costs. The right of return does not apply to customised or made-to-measure goods, sold-out products, opened products or specific orders.
Article 7. Payment
Any first order of a customer is payable cash with the order without discount.
All our invoices are payable on the date fixed, net, cash and without discount.
In accordance with article 441-6 of the French Commercial Code, any delay in payment will automatically lead to the application of a penalty equal to the interest rate applied by the ECB plus 10 percentage points, payable from the first delay, without the need for a formal notice to pay.
In accordance with article D441-5 of the French Commercial Code, any delay in payment shall automatically result in the application of a fixed recovery fee of €40.
The defect of payment to the expiry date makes payable immediately the whole of the other debts which Jocaflor SAS holds without being held by an unspecified setting in residence.
We reserve ourselves the right with or without notice to suspend the new orders of the customer, until the complete and final payment of the sums become due. Without prejudice to any other action on the part of Jocaflor. The deliveries can also be suspended without any compensation being able to be claimed by the customer and this until the complete and final payment of the sums due in principal, interests and various expenses.
The customer has the possibility of paying the order:
1. By secure online payment through INGENICO (by credit or debit card).
2. by transfer to our bank account, specifying your order number
3. payment can be made by electronic draft 30 days after the date of invoice, subject to acceptance of your file by the collection service.
This requires a K-Bis (company registration) and a RIB sent firstname.lastname@example.org by fax to +33 (0)3 20 68 42 44.
The order will be prepared and sent as soon as the payment is received on our bank account (except in the case of a draft).
Article 8 - Guarantee
The guarantee shall not exceed that of the manufacturer, may only be granted with the following restrictions and shall in any event be limited to the amount excluding VAT and paid for the offending goods. The guarantee against visible defects is no longer valid after acceptance of the goods, the guarantee against hidden defects is only granted after receipt of legitimate and detailed complaints within eight days of delivery. In this case, our warranty is limited to the replacement of the goods by the same goods or equivalent goods if they are no longer available. If it is not possible to replace the goods, compensation will be granted if the goods which are the subject of the claim have actually been paid for and it will be limited in any case to the amount of the goods which are the subject of this guarantee. All costs, such as transport costs, insurance, etc., shall be borne by the customer. All direct or indirect damage caused to persons, movable or immovable property and to the goods themselves, shall be formally excluded from the guarantee. All claims must be made in writing. The warranty is void if the maintenance instructions given by the manufacturer or on delivery are not followed. If the goods have been used improperly or used in a manner different from its normal use or if the customer has made changes or repairs. The use of the goods is made under the entire responsibility of the customer who commits himself to use the goods in accordance with the recommendations of the manufacturer, the uses and the common sense. The goods are not edible and are free of toxic products in any case recognized as such at the time of
at the time of delivery.
Article 9 - Reservation of ownership
The transfer of property of the goods by Jocaflor SAS to the customer is subordinated to the complete and final payment of the price and its accessories. In defect, Jocaflor SAS reserves the right to take again possession of the goods and this at the whole expenses and costs of the customer. This right does not require any formal notice. Any installment of the amount including all taxes paid by the customer will remain acquired to the salesman as fixed compensation, without damage of all other actions which we would be entitled to introduce by virtue of the application of the clause of reserve of property. All costs and accessories inherent to the implementation of this clause shall be borne by the customer. The customer shall not sell or pledge the goods before full and final payment. The goods must remain constantly identifiable. The customer undertakes to cover the entirety of the goods in his custody until their complete and final payment by an insurance covering all cases and in particular theft, natural disasters, water damage, fire, .... The simple handing over of a title creating an obligation to pay in the future does not constitute a payment within the meaning of this clause. The computerized creations (logos, graphic charter, business card, labels,...) will remain the property of Jocaflor SAS except if a convention of transfer duly honoured is established between the parts.
Article 10 - Availability of the Products
The information relating to the availability of the products is regularly updated onhttp://www.jocaflor.fr. It is however possible that exceptionally this information is badly informed or not readable.
In case of lack of stock of an ordered product, the Customer Service will inform the customer by e-mail and by phone of the following possibilities:
- Delivery of an article in the available range with a quality and a similar price,
- Waiting for the restocking of the aforementioned Product; Jocaflor SAS makes a commitment to inform the Customer of the date forecast of restocking,
- Replacement of the price of the Product (including the related delivery expenses) within fourteen (14) days following the notification by the Customer to Jocaflor SAS of his will to obtain the refunding of the price of the concerned Product.
The rest of the order remains firm and final.
The refund can be made by SEPA transfer to the customer's bank account or via the bank card used if the payment was made by bank card (provided that the bank card is valid on the day of the refund).
Article 11 - Taxes
The goods are invoiced inclusive of all taxes. In case of export of the goods to another member state of the European Union, the invoice will be established without value added tax, in application of article 262 ter of the CGI, subject to the production of the valid intra-community VAT number of the customer. In the event of export to a country outside the European Union, the invoice will be issued without value added tax in accordance with Article 262.1 of the General Tax Code, subject to the presentation of a document proving the export of the goods. In any case, the customer undertakes to make all useful and necessary declarations to the tax and customs authorities under his responsibility. It is the customer's responsibility to pay all duties and taxes attached to the goods in the country of destination.
Article 12 - Force majeure
Neither party may be held responsible in the event of total or partial non-performance of one of its obligations, if this non-performance is due to the occurrence of an event constituting a case of force majeure of an unforeseeable or irresistible or insurmountable nature. A strike, a lack of personnel, a breakdown, a break in energy supply at the seller, its manufacturers or its carriers is constitutive of a case of force majeure, just like a serious accident, a war or bad weather. We shall not be liable for these events and shall not be liable for any compensation
be liable for any compensation.