TERMS AND CONDITIONS OF SALE (TCS)
Please find below the full terms and conditions of sale for COLD & CO, cold chain experts:
THE COMPANY
The company “COLD AND CO” or “COLD & CO” for short is a simplified joint stock company (SASU) with a sole shareholder and capital of €150,000, located at 5 rue des Déportés, 88700 Rambervillers, France.
SIREN 529 707 051
VAT No. FR41 529 707 051
NAF 4649Z
Our advisors are available by:
Phone: +33 (0)1 53 14 11 15 Monday to Friday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 6:00 p.m.
Email address: contact@coldandco.com
PREAMBLE
The purpose of COLD & CO is:
- the purchase, sale, manufacture, and marketing of insulation products, as well as products and solutions for maintaining the cold chain at a professional level of quality;
- Research, advice, consultation, expertise, engineering, and all services related to the above activities.
The list and description of the goods and services offered by the Company can be found on the websites: https://coldandco.fr and https://saciso.com.
DEFINITIONS
“Seller” or ‘Company’: the company “COLD & CO.”
“Buyer” or “Customer”: natural or legal person purchasing the Company’s products or services in a professional capacity.
ARTICLE 1: PURPOSE
These Terms and Conditions of Sale (GTC) determine the rights and obligations of the parties in connection with the sale of Products or Services offered by COLD & CO.
They are fully enforceable against the Customer who has accepted them before placing an order.
ARTICLE 2: GENERAL PROVISIONS
The Customer declares that they have read and understood all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accept them without restriction or reservation.
The Customer acknowledges that they are fully aware that their agreement to the content of these general terms and conditions of sale does not require a handwritten signature on this document, but results solely from the placing of an order.
The Customer therefore expressly waives all of their own terms and conditions of purchase and acknowledges that acceptance of the Terms and Conditions will result in their application to the order to which they relate, as well as to any subsequent orders, unless the Customer is notified of any changes.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
COLD & CO reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in the case of multiple payments) of the order.
These GTC are available on the Company’s website at the following addresses: https://coldandco.fr.
ARTICLE 3: ACCEPTANCE OF ORDERS
COLD & CO will systematically confirm the order by email. To this end, the customer formally accepts the use of email for confirmation by COLD & CO of the content of their order.
In the event of partial or total unavailability of the product after the order has been placed, COLD & CO will inform the Customer as soon as possible by email or telephone. The customer may confirm their order by accepting a partial delivery, an extended delivery time, or request a refund for the product based on the invoiced price within 14 days of their request.
Confirmation of the order and payment of the price constitute acceptance of the offer and are binding on the Customer, who has no right of withdrawal.
ARTICLE 4: REFUSAL TO ACCEPT DELIVERY OF THE GOODS – PENALTY CLAUSE
Any refusal by the buyer to take delivery of the goods will result in automatic termination of the sale. In the event of non-performance of its obligations, the buyer shall be liable to pay a penalty clause of 30% of the order amount, unless payment of the total price has been contractually agreed in the event of default by the buyer, in particular after acceptance of the order by us.
ARTICLE 5: WARRANTY
In accordance with current regulations, all product sales are subject to legal warranties and, more specifically, to the warranty against hidden defects as defined in Articles 1641 et seq. of the Civil Code.
The warranty is limited exclusively to the replacement of goods recognized as defective by the supplier. Under no circumstances shall our company be held liable for any material damage of any kind that may be the direct or indirect consequence of the product being unsuitable or defective in use.
For products for which we are the reseller and for which the manufacturer is identified, the warranty is limited to the conditions granted and accepted by these manufacturers for their products.
The warranty is only valid:
- after the seller has been informed of the defects within 72 hours of their appearance and presentation of the purchase invoice for the product,
provided that the customer has not intervened, either themselves or through a third party, on the products since they were made available. - The warranty does not cover defects resulting from damage or accidents caused by negligence, lack of supervision, storage or maintenance, or faulty installation or installation that does not comply with the seller’s recommendations.
ARTICLE 6: PRODUCTS
The photographs and texts illustrating the products are not contractual.
Non-essential characteristics of the products specified on the website may be subject to slight modification. However, COLD & CO. cannot be held liable for any errors in updates, regardless of their origin.
ARTICLE 7: PRICE
The prices of goods sold are quoted in the estimate and are those in effect on the date the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and shipping costs applicable on the date of the order.
COLD & Co reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
ARTICLE 8: DISCOUNTS AND REBATES
The prices quoted include any discounts and rebates that COLD & CO may grant based on its results or the buyer’s assumption of certain services.
ARTICLE 9: DISCOUNT
No discount will be granted for early payment.
ARTICLE 10: PAYMENT TERMS
Payment for orders is made by bank transfer to the account details stated on the order form.
Our terms and conditions of payment are stated in writing on each commercial document (order form, invoice).
ARTICLE 11: LATE PAYMENT
In the event of total or partial non-payment for goods delivered on the date of receipt, the buyer must pay COLD & CO a late payment penalty equal to ten times the legal interest rate.
The legal interest rate applied is that in force on the date of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every six months (Order No. 2014-947 of August 20, 2014). For the first half of the calendar year, the applicable rate is that in force on January 1 of that year; for the second half of the calendar year, the applicable rate is that in force on July 1 of that year.
This penalty is calculated on the total amount including tax of the sum remaining due and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment penalties, any amount, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of 40 euros for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
In the event of late payment by the Customer on one or more invoices, orders in progress will be canceled.
ARTICLE 12: TERMINATION CLAUSE
If, within fifteen days of the implementation of the “Late Payment” clause, the buyer has not paid the outstanding amounts, the sale will be terminated automatically and COLD & CO. may be entitled to claim damages.
ARTICLE 13: RETENTION OF TITLE CLAUSE
COLD & CO retains ownership of the goods sold until full payment of the price, including principal and incidental costs. As such, if the buyer is subject to receivership or judicial liquidation, COLD & CO reserves the right to claim, within the framework of the collective proceedings, the goods sold and remaining unpaid.
ARTICLE 14: DELIVERY
Delivery is made:
- either by direct delivery of the goods to the buyer;
- or by sending a notice of availability in store to the buyer;
- or to the location specified by the buyer on the order form.
The delivery time indicated when the order is placed is for information purposes only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:
- the award of damages;
- the cancellation of the order.
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of the goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt.
ARTICLE 15 : FORCE MAJEURE
COLD & CO cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure refers to any external, unforeseeable, and unavoidable event within the meaning of Article 1148 of the Civil Code.
ARTICLE 16: COMPETENT COURT
Any dispute relating to the interpretation and enforcement of these general terms and conditions of sale shall be governed by French law.
If no amicable resolution can be reached, the dispute shall be brought before the Paris Commercial Court.