General Terms and Conditions of Sale
1- Purpose :
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Swissco Industry, EURL, with a capital of €5,000, having its registered office at 1025 Rue Henri Becquerel, 10 Parc du Club du Millenaire, 34036 Montpellier, France, registered with the RCS under number 453289 985, hereinafter referred to as "the Seller," to consumers and professional buyers, hereinafter referred to as "Customers or the Customer," wishing to purchase the products offered for sale by the Seller on the website www.swissco-industry.com. In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has the right to access, rectify, object to, erase, and transfer all of their personal data at any time by writing to us, providing proof of identity, at [email protected].
The General Terms and Conditions of Sale of Swissco Industry apply to all sales made by the company. A copy of these general terms and conditions is available on our website and upon request.
2- Characteristics of the company and this website:
Swissco Industry is an export company in the agri-food sector.
The website www.swissco-industry.com is a showcase site dedicated to presenting the agri-food products offered by Swissco Industry. It does not allow online purchases, but you can obtain the products presented by contacting us via the form available on the website.
3- Transfer of Ownership
The transfer of ownership from the Seller will take place upon acceptance of the order by the Customer, materializing the parties' agreement on the item and the price, regardless of the date of payment and delivery.
All our goods are sold with retention of title and remain the property of our company until full payment of the price.
4- Right of Withdrawal
In accordance with the provisions of the French Consumer Code, individual customers benefit from a right of withdrawal for purchases made remotely. The Hamon Law has extended these provisions to professional customers under certain conditions.
The consumer has a period of 14 calendar days from receipt of the goods or conclusion of the contract to exercise their right of withdrawal.
In the event that an order includes several goods delivered separately, the period begins from receipt of the last item. To exercise the right of withdrawal, the consumer must notify the seller of their decision before the deadline expires by sending a clear statement (by post or email) expressing their wish to withdraw.
The consumer must include the following information in their request:
- Customer name and address
- Order reference
- Date of receipt of the goods
Once the right of withdrawal has been exercised, the consumer has an additional 14 days to return the goods to the seller, at their own expense, unless otherwise stated in the terms and conditions of sale.
Items must be returned in their original, undamaged condition.
Upon receipt of the withdrawal request, the seller is required to refund the amounts paid by the consumer, including standard delivery charges, within 14 calendar days.
Reimbursement may be deferred until receipt of the goods or until the consumer provides proof of shipment. Professional customers benefit from the same rights if they meet the following conditions : the sale is concluded outside the customer's establishment, it does not fall within the scope of the customer's main business, and the customer company has fewer than 5 employees.
5- Seller's Liability – Warranty
To exercise their rights, the Customer must notify the Seller in writing of any defect or lack of conformity within a maximum of 14 days following delivery of the ordered goods.
The Customer is required to carry out the necessary inspections of the goods within the specified period. After this period, the Seller shall not be held liable for any defects rendering the goods unfit for their intended use.
The Seller shall not be held liable or considered in default in the event of delay or non-performance resulting from a case of force majeure recognized by French case law.
6- Confidentiality
The parties undertake to strictly maintain the confidentiality of all information they may become aware of in connection with the sale. This confidentiality obligation ceases as soon as the information in question becomes public, except in the event of action by the party subject to this obligation.
7- Data Protection and Liberties
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is specified that the personal data collected from the customer is essential for processing the order and issuing invoices.
This information may be shared with the seller's partners, who are responsible for the execution, processing, management, and payment of orders.
The processing of personal data transmitted via the website www.swissco-industry.com is carried out in accordance with applicable regulations, and the information system used guarantees optimal protection of this data. The Customer benefits, in accordance with applicable national and European laws, from permanent rights of access, modification, rectification, objection, portability, and limitation regarding the processing of their personal data.
8- Intellectual Property
The website www.swissco-industry.com and its content are the exclusive property of the seller and its partners, protected by national and international intellectual property laws. Any reproduction, in whole or in part, of this site or its content is strictly prohibited and may constitute an infringement of copyright.
9- Force Majeure
The Parties shall not be held liable for any failure or delay in the performance of their respective obligations, if these result from a case of force majeure, as defined in Article 1218 of the Civil Code.
The Party affected by such an event must promptly inform the other Party of its inability to fulfill its obligations, providing the necessary supporting documentation. The suspension of obligations shall not entail any liability for non-performance, nor give rise to the payment of damages or late payment penalties.
Performance of obligations shall be suspended for the duration of the force majeure event, provided that this impediment is temporary and does not exceed 5 days. Upon cessation of the event, the parties shall make every effort to resume normal performance of their contractual commitments as soon as possible. The impeded Party shall notify the resumption of its obligations by registered letter with acknowledgment of receipt or any other written means that provides proof.
In the event that the impediment is permanent or exceeds 5 days, the contract shall be terminated in accordance with the terms set out in the article "Termination due to Force Majeure." During the suspension period, any costs incurred shall be borne by the affected Party.
10- Applicable Law - Language
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French shall be authoritative in the event of a dispute.
The application of the Vienna Convention on the International Allocation of Goods is expressly excluded.
11- Disputes
Any dispute relating to the formation, performance, or termination of contractual obligations between the parties, which cannot be settled amicably, shall be subject to French law only. In the event of a dispute, jurisdiction shall be assigned to the French courts, notwithstanding multiple defendants or third-party claims.
The Customer is informed that they also have the option, under all circumstances, to resort to conventional mediation. This includes, in particular, referral to the Consumer Mediation Commission (Consumer Code, Art. L 612-1) or existing sectoral mediation bodies. The Customer may also opt for any other alternative dispute resolution method (e.g., conciliation) in the event of a dispute.
1- Purpose :
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Swissco Industry, EURL, with a capital of €5,000, having its registered office at 1025 Rue Henri Becquerel, 10 Parc du Club du Millenaire, 34036 Montpellier, France, registered with the RCS under number 453289 985, hereinafter referred to as "the Seller," to consumers and professional buyers, hereinafter referred to as "Customers or the Customer," wishing to purchase the products offered for sale by the Seller on the website www.swissco-industry.com. In accordance with the French Data Protection Act of January 6, 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into effect on May 25, 2018, the Customer has the right to access, rectify, object to, erase, and transfer all of their personal data at any time by writing to us, providing proof of identity, at [email protected].
The General Terms and Conditions of Sale of Swissco Industry apply to all sales made by the company. A copy of these general terms and conditions is available on our website and upon request.
2- Characteristics of the company and this website:
Swissco Industry is an export company in the agri-food sector.
The website www.swissco-industry.com is a showcase site dedicated to presenting the agri-food products offered by Swissco Industry. It does not allow online purchases, but you can obtain the products presented by contacting us via the form available on the website.
3- Transfer of Ownership
The transfer of ownership from the Seller will take place upon acceptance of the order by the Customer, materializing the parties' agreement on the item and the price, regardless of the date of payment and delivery.
All our goods are sold with retention of title and remain the property of our company until full payment of the price.
4- Right of Withdrawal
In accordance with the provisions of the French Consumer Code, individual customers benefit from a right of withdrawal for purchases made remotely. The Hamon Law has extended these provisions to professional customers under certain conditions.
The consumer has a period of 14 calendar days from receipt of the goods or conclusion of the contract to exercise their right of withdrawal.
In the event that an order includes several goods delivered separately, the period begins from receipt of the last item. To exercise the right of withdrawal, the consumer must notify the seller of their decision before the deadline expires by sending a clear statement (by post or email) expressing their wish to withdraw.
The consumer must include the following information in their request:
- Customer name and address
- Order reference
- Date of receipt of the goods
Once the right of withdrawal has been exercised, the consumer has an additional 14 days to return the goods to the seller, at their own expense, unless otherwise stated in the terms and conditions of sale.
Items must be returned in their original, undamaged condition.
Upon receipt of the withdrawal request, the seller is required to refund the amounts paid by the consumer, including standard delivery charges, within 14 calendar days.
Reimbursement may be deferred until receipt of the goods or until the consumer provides proof of shipment. Professional customers benefit from the same rights if they meet the following conditions : the sale is concluded outside the customer's establishment, it does not fall within the scope of the customer's main business, and the customer company has fewer than 5 employees.
5- Seller's Liability – Warranty
To exercise their rights, the Customer must notify the Seller in writing of any defect or lack of conformity within a maximum of 14 days following delivery of the ordered goods.
The Customer is required to carry out the necessary inspections of the goods within the specified period. After this period, the Seller shall not be held liable for any defects rendering the goods unfit for their intended use.
The Seller shall not be held liable or considered in default in the event of delay or non-performance resulting from a case of force majeure recognized by French case law.
6- Confidentiality
The parties undertake to strictly maintain the confidentiality of all information they may become aware of in connection with the sale. This confidentiality obligation ceases as soon as the information in question becomes public, except in the event of action by the party subject to this obligation.
7- Data Protection and Liberties
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is specified that the personal data collected from the customer is essential for processing the order and issuing invoices.
This information may be shared with the seller's partners, who are responsible for the execution, processing, management, and payment of orders.
The processing of personal data transmitted via the website www.swissco-industry.com is carried out in accordance with applicable regulations, and the information system used guarantees optimal protection of this data. The Customer benefits, in accordance with applicable national and European laws, from permanent rights of access, modification, rectification, objection, portability, and limitation regarding the processing of their personal data.
8- Intellectual Property
The website www.swissco-industry.com and its content are the exclusive property of the seller and its partners, protected by national and international intellectual property laws. Any reproduction, in whole or in part, of this site or its content is strictly prohibited and may constitute an infringement of copyright.
9- Force Majeure
The Parties shall not be held liable for any failure or delay in the performance of their respective obligations, if these result from a case of force majeure, as defined in Article 1218 of the Civil Code.
The Party affected by such an event must promptly inform the other Party of its inability to fulfill its obligations, providing the necessary supporting documentation. The suspension of obligations shall not entail any liability for non-performance, nor give rise to the payment of damages or late payment penalties.
Performance of obligations shall be suspended for the duration of the force majeure event, provided that this impediment is temporary and does not exceed 5 days. Upon cessation of the event, the parties shall make every effort to resume normal performance of their contractual commitments as soon as possible. The impeded Party shall notify the resumption of its obligations by registered letter with acknowledgment of receipt or any other written means that provides proof.
In the event that the impediment is permanent or exceeds 5 days, the contract shall be terminated in accordance with the terms set out in the article "Termination due to Force Majeure." During the suspension period, any costs incurred shall be borne by the affected Party.
10- Applicable Law - Language
These General Terms and Conditions of Sale and the transactions resulting therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French shall be authoritative in the event of a dispute.
The application of the Vienna Convention on the International Allocation of Goods is expressly excluded.
11- Disputes
Any dispute relating to the formation, performance, or termination of contractual obligations between the parties, which cannot be settled amicably, shall be subject to French law only. In the event of a dispute, jurisdiction shall be assigned to the French courts, notwithstanding multiple defendants or third-party claims.
The Customer is informed that they also have the option, under all circumstances, to resort to conventional mediation. This includes, in particular, referral to the Consumer Mediation Commission (Consumer Code, Art. L 612-1) or existing sectoral mediation bodies. The Customer may also opt for any other alternative dispute resolution method (e.g., conciliation) in the event of a dispute.