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Conditions of Sales
Terms of Sales
PREAMBLE
These General Conditions of Sale (hereinafter "GTC") apply to all orders for products delivered and invoiced to customers established in Canada by 4'Pat Beauté Inc., whose head office is located at 158, chemin du Roi , Saint-Colomban, QC J5K 1C7 CANADA.
1. OPPOSABILITY
These T & Cs constitute the sole basis for commercial negotiation under the provisions of the Commercial Code and are available to our customers, to enable them to place an order.
Thus, in the absence of any express and written agreement between the parties on conditions that derogate from them, these GTC will prevail over any clauses or conditions to the contrary.
The fact that we do not avail ourselves, at a given time, of any of these conditions cannot be interpreted as a waiver of our prevailing thereafter.
These T & Cs cancel and replace those previously published.
2. ORDERS
Orders are placed by telephone, fax, mail or electronically.
We reserve the right to refuse, reduce or split any order that is abnormal in terms of quantities, in particular with a view to limiting the outstanding amount.
3. DELIVERY TERMS
3.1 delivery
Our deliveries are made according to our possibilities. The delivery time is agreed with the customer when ordering.
The deadlines agreed for the completion of the delivery are necessarily expressed in working days.
Delivery times are indicative.
Our goods are delivered, generally by us, carrier, customer or other, unless otherwise agreed with the customer. Unless specifically agreed with the latter, they cannot be delivered to places that are difficult to access.
The customer agrees to collaborate and provide us with all the information necessary for the establishment of said document.
The products are delivered on "Europe" type pallets, rolls or any other delivery material. At the time of delivery of the products, the pallets are invoiced.
Delivery can only take place if the customer is up to date with his obligations, whatever the cause.
A period of one working day must be allocated to processing orders for products in stock at our warehouse, to which must be added a minimum period of 30 days, or even more depending on the volume of orders. Laboratoire 4patbeaute Inc. can in no way be held responsible for a delay in delivery resulting from a shortage of stock or attributable to the carrier.
3.2 Transfer of risk
The transfer of risk takes place upon delivery. In the case of carriage paid delivery, delivery is deemed to occur when the products are made available to the customer when the products are unloaded by him and when the products are completely unloaded when it is done by us. In the event of postage due delivery, delivery takes place when the products are made available to the customer on our shipping dock when the latter is responsible for loading and after loading the products from our shipping dock when loading is carried out by our care.
In the event of delivery freight collect, the customer will guarantee our company against any recourse brought against our company, under the article of the Commercial Code, by the service provider chartered by him or by a subcontractor.
3.3 Delivery reservations - complaints
The verification of the delivered products as well as the delivery material must be made at the time of delivery in the presence of our driver or our carrier.
The customer is given a delivery slip or a transport document.
The delivery slip or transport document is signed by the customer and expressly mentions any reservations noted by him and relating in particular to the packaging, weight, packaging, quality and quantity of the products.
Reservations or complaints on apparent defects or on the non-conformity of the product delivered to the product ordered or to the delivery note, accompanied by the necessary supporting documents, must be confirmed to us, by registered letter with acknowledgment of receipt or by electronic means, within a period of time. maximum of three (3) days following the date of receipt of the goods, in accordance with the provisions of the article of the Commercial Code.
The treatment, transformation or change of packaging of the delivered goods by the customer constitutes a waiver of recourse against us, for any reason whatsoever.
In the event of non-compliance, our guarantee is limited to the replacement of goods recognized as defective, to the exclusion of any other compensation.
4. PRICE - INVOICING
Our products are invoiced on the basis of the price in force at the time of delivery. The provisions of the law are recalled here, which require the supplier and his customer to be taken into account in their discussions on the price of indicators and production when those if would be available and applicable.
Orders placed must be paid by VISA, MASTERCARD, TRANSFER or PAYPAL. Postal and telephone orders can be paid by MONEY ORDER, VISA, MASTERCARD, TRANSFER or PAYPAL.
5. CONDITIONS OF PAYMENT
Our invoices are payable on the due date mentioned on the invoice, which never exceeds the maximum payment terms provided for by article of the Commercial Code, namely:
- 28 days due date,
Our company does not give a discount.
A payment is not considered effective until the day we are credited by the bank. The payment delays required by the customer internally must therefore be included in the payment deadlines for our invoices.
Failure to pay a single invoice by the due date makes all our receivables immediately payable, even those not yet due. In addition, we may refuse to fulfill any new or pending order, without prejudice to any other course of action.
In accordance with the articles of the Commercial Code, any late payment automatically entails:
- payment by the customer of a penalty equal to the rate of 3% per month of delay, without prejudice to any other costs if we were forced to seek legal settlement.
- an obligation for the debtor to pay a lump sum indemnity of $ 40 for recovery costs. Additional compensation may be claimed, on supporting documentation, when the recovery costs incurred are greater than the amount of the lump sum compensation.
In the event of a customer's financial situation that could threaten the recovery of our debt, or a first order from a new customer, we may request payment in cash from order to delivery or require guarantees. In addition, we may also require payment in cash in the event that the client is the subject of bankruptcy proceedings and the receiver has requested the continuation of the current contracts.
6. RETENTION OF OWNERSHIP
WE RESERVE OWNERSHIP OF THE GOODS ORDERED, DELIVERED AND INVOICED, UP TO FULL PAYMENT OF THEIR PRICE INCLUDING TAX.
The risks, theft, loss or damage to goods as well as the damage they may cause, however, fall to the customer as soon as they are made available to him.
In the event of a claim, the goods found will be deemed to be the last invoiced and will therefore be taken back up to the amount of the unpaid invoices. The deposits will remain acquired by us as damages.
7. PERSONAL DATA-CONFIDENTIALITY-BUSINESS SECRET
In accordance with the regulations in force and in particular the General Data Protection Regulation of April 27, 2016, we inform you that we, and / or our subcontractors, collect, as part of our contractual relationship, personal data from your employees (last name, first name, gender, function, professional phone and email), exclusively for the purposes of relationship management or commercial communication and order management (product delivery). The data collected is processed and stored in a secure and confidential manner throughout the duration of our commercial relationship and, after its termination, for a period in accordance with the regulations in force. Only our employees and our authorized subcontractors will be able to access it under the terms and conditions described above. The persons concerned by the data processing have at any time a right of access, rectification, deletion and portability or opposition on legitimate grounds of their personal data under the conditions provided by law. They can exercise their rights either by contacting the customer service of 4'Pat Beauté Inc and reporting a request for modification or deletion of their personal data or by making the request by email to the address infot@4patbeaute.com . Those concerned should attach a photocopy of their identity document.
All information and data exchanged with our customers during the negotiation or execution of the commercial relationship are confidential and cannot be communicated to third parties, under the business secrecy resulting from articles of the Commercial Code. , without the prior written consent of the other party.
8. FORCE MAJEURE
Are considered as force majeure exonerating our responsibility: government restriction, war, riot, fire, terrorist acts, strikes, blockades or other labor disputes, acts of the prince, epidemics and pandemics and all other unforeseeable and insurmountable event, making impossible the preparation, storage, delivery of the products or the normal execution of the sale.
9. ATTRIBUTION OF JURISDICTION
In the event of a dispute arising from the application of these presents, and in the absence of an amicable agreement, only the Commercial Court within the jurisdiction of the location of the establishment issuing the bill in question will be competent
In Sainte-Sophie, June 29, 2013