Generals terms of sales

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Preamble:

The purpose of these Generals Terms of Sales (GTS) is to define the terms and
conditions of the relationship between BEVA FRUITS INTERNATIONAL (‘BFI’) and its
customers (‘the Customer’).

Article 1 – The scope of these conditions

Any product order implies the customer’s full acceptance and full adherence to the present CGVs that prevail over any other customer’s document, including any other general terms of sale or purchase. The GTS apply to all BFI offers. As a result, any order requires the latter’s full support for the GTS. Any document other than the GTS, including catalogues, flyers, advertisements, notices, has only an informative and indicative value, not contractual. The GTS are communicated to any Customer who requests it, in order to allow him to place an order with BFI.

Article 2 – Order

2.1. An order is perfect once it has been expressly accepted in writing by BFI.
2.2. Orders, once accepted by BFI, cannot be modified by the Customer unless BFI expressly agrees.
2.3 In the event that a product becomes temporarily unavailable after the order has been placed, the Customer will be notified of the breakage of the product by any means, without BFI’s liability being held liable in this regard.

Article 3 – Delivery

3.1. Unless expressly stipulated otherwise, the Customer is responsible for the transport of the goods, this transport being done at his expense. The goods will be made available to the Customer at the address communicated by BFI.
3.2. The parties can expressly agree that BFI is in charge of the delivery of the goods. In this case, the order must specify the place of delivery and the delivery time which can only be given for information and indicative purposes, this depending in particular on the availability of carriers and the order of arrival of orders.
BFI strives to respect the delivery time indicated on acceptance of the order, according to the reference logistic timeframe in the profession, and to execute orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, natural disasters or administrative ban on driving, without this list being exhaustive. Delays in delivery cannot give rise to any penalty or compensation, nor to justify the cancellation of the order. Any delay in relation to the indicative delivery time initially planned cannot justify a termination of the order placed by the Customer and recorded by BFI.

Article 4 – Transfer of ownership and risks

4.1 The risk of loss and deterioration of products sold by BFI will be transferred as soon as the products are handed over to the carrier responsible for delivery.
4.2 The goods will remain the property of BFI until full payment of the price by the Customer.

Article 5 – Reservations

It is up to the Customer, if it appears that the quality or quantity of the products does not comply with the order, to make all the necessary reservations with the carrier. Any product that has not been the subject of reservations by email or fax sent to BFI within twelve (12) hours of its receipt from the carrier, in accordance with Article L. 133-3 of the Commercial Code, and of which copy will be sent simultaneously to BFI, will be considered accepted by the customer.

Article 6 – Reception

Upon receipt of the order, and without prejudice to the arrangements to be made by the customer vis-à-vis the carrier (see article 5), the customer must inspect said delivery. If it appears that the quality or quantity of the products does not comply with the order, the customer must inform BFI by email or fax, within twelve (12) hours of delivery of the goods either at carrier or to the Customer. It is up to the Customer to provide all the justifications as to the reality of the defects or shortcomings observed. No return of goods can be made by the Customer without the prior express written consent of BFI. Return costs are the responsibility of the Customer, unless it appears that the quality or quantity of the products does not comply with the order. Only the carrier chosen by BFI is authorized to return the products concerned. When, after checking, a failure is actually noted by BFI, the Customer may only request from BFI the replacement AND / OR compensation for non-compliant or missing items, without the latter being able to claim the resolution of the order. The unreserved reception of the products ordered by the Customer covers any apparent defect and / or breach. The complaint made by the Customer under the conditions and according to the methods described by this article does not suspend the payment by the Customer of the goods concerned. In the event of a refusal by the Customer to accept delivery of part or all of the goods, the customer must inform BFI by email and fax, within twelve (12) hours from of the delivery of said goods. In this case, the Customer will have the obligation to make all of the delivered goods available to BFI. In the event of a refusal, BFI has the option of appointing an expert to assess the quality of the goods within twenty-four (24) hours of receipt of the email informing BFI of this refusal.

Article 7 – Price and Payment

7.1. The agreed prices of our products are indicated in euros excluding VAT and excluding transport and delivery costs. The total price indicated in the order confirmation by BFI includes the price of the products.
7.2. The price is payable in full and in a single payment within 30 days of the end of the decade from the confirmation of the order acceptance.
7.3. Any payment including tax not paid on the due date by the Customer will give rise to the payment by the latter of penalties set at three (3) times the legal interest rate as well as a lump sum indemnity of 40 euros per unpaid invoice. These penalties are automatically payable and will automatically be debited from the customer’s account.

Article 8 – Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

Article 9- Personal data

Personal data collected from Customers is subject to computer processing carried out by BFI. They are recorded in his Customer file and are essential for processing his order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any guarantees that may apply. The data controller is BFI. Access to personal data will be strictly limited to the employees of the data controller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Client’s authorization being necessary. As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, BFI refrains from selling, renting, assigning or giving access to third parties to the data without the prior consent of the Customer, unless it is forced to do so for a legitimate reason. If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the “Privacy Shield”, adoption of validated standard protection clauses by the CNIL, adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified. In accordance with the applicable regulations, the Customer has a right of access, rectification, erasure, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights he can exercise by contacting the controller at the following postal or email address: info@bevafruits.com.
In the event of a complaint, the Customer can send a complaint to Bruno Edery.

Article 10 – Applicable law – Disputes

Any dispute that may arise with the Customer will be subject to and governed by French law. The parties agree that any dispute that may arise during the creation, execution, and termination of the contract will be subject to the jurisdiction of the Commercial Court of Créteil.