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TERMS OF SALES
ASTREÏA, registered with the RCS of Bourg-en-Bresse n°807 411 434 and having its registered office at 180 rue Lavoisier, ZAC des Bruyères, 01960 Péronnas, specializes in manufacturing activities and more specifically in the manufacture and sale of flour mill.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the manufacture and sale of flour mills to its exclusively professional customers (hereinafter referred to as the "Customer" or referred to together with the company ASTREÏA, the "Parties"), within the meaning of the Law and case law, and in particular of the introductory article of the Consumer Code which defines the professional as "any natural or legal person, public or private, who acts for purposes falling within the framework of its commercial, industrial, artisanal, liberal or agricultural activity, including when it acts in the name or on behalf of another professional" as well as any entity or association acting within the framework of its corporate purpose so that the Parties conclude as a professional, which they expressly acknowledge.
The fact of contracting with ASTREÏA implies express acceptance in their entirety and without reservation of these General Conditions of Sale, by the Customer who declares to have understood them.
Any contrary conditions set by the Customer, whatever the moment and the medium, will be unenforceable against ASTREÏA, except with the express and written agreement of the latter, it being specified that in the event of an annoyance, the provisions of these General Conditions of Sale prevail in any event.
ASTREÏA may have to modify certain provisions of these General Terms and Conditions of Sale, of which it will communicate the new version, if necessary, prior to the establishment of any estimate.
1. PRODUCTS
1.1. The products offered by ASTREÏA are so-called "standard" products, with limited options, and are referenced on its website.www.moulin-astreia.com, accompanied by information related to their essential characteristics.
The characteristics of the Products (weight, color, etc.) as presented on the ASTREÏA website are only indicative.
The Products are manufactured by ASTREÏA to order so that the availability of the Products is not immediate, which the Customer accepts.
The purchase of a Product is accompanied by a handling provided by ASTREÏA on the use of the Product as well as on its assembly and disassembly.
1.2. The purchase of an ASTREÏA Product by the Customer does not entail any obligation or commitment on the part of the latter towards a flour miller for the supply of ready-to-mill wheat.
The Customer is responsible for such supply.
The Customer is, however, informed that ASTREÏA can direct him, if he wishes, to a flour miller/grain farmer who can supply him with grain.
2. QUOTE/ORDER
2.1. For any Order or quote request, the Customer should contact ASTREÏA either via the websitewww.moulin-astreia.com (non-commercial site), or by telephone.
Unless otherwise specified, the validity of an estimate is 30 calendar days from its issue.
After this period, any acceptance of the quote by the Customer can only bind ASTREÏA if it expressly agrees to maintain the terms and conditions.
2.2. Any order is firm and final only after express acceptance of the quote by the Customer and written confirmation from ASTREÏA, subject, where applicable, to the payment of a deposit as provided for in Article 2.4. of these General Conditions of Sale.
2.3. ASTREÏA reserves the right to refuse an Order under the conditions laid down by French positive law and, in particular, in the event of non-payment or prior litigation, as well as to suspend or even cancel an Order, in particular for non-payment of the installment or any other payment term agreed in the contract.
ASTREÏA also reserves the right to cancel an Order in the event of an event beyond its control, such as a disruption in the supply of materials or components, when such events appear to be neither resorbable nor compatible with the timetable agreed with the Customer, what the latter will be informed of without delay; the Customer will then be reimbursed for the amount of any installments paid but will not be able to claim any compensation in this respect.
2.4. ASTREÏA may request the payment of a deposit of 40%, provided for in the quote where applicable.
This deposit will be deducted from the total amount of the price when the final invoice is issued.
3. PRICE
The Products are sold on the basis of the prices in force on the day of the Order validated by ASTREÏA.
The unit price is indicated in the quote for each Product in Euros and is exclusive of general or special taxes, excluding delivery costs, plus applicable VAT on the total amount.
All new taxes and mandatory contributions (eco-tax type or other), in force on the day of invoicing and relating to the products sold, are added to the prices and tariffs excluding VAT of the ASTREÏA products and are the responsibility of the Customer, unless the law provides otherwise.
The prices are fixed according to the model selected by the Customer, any options that he would have requested, technical constraints, existing economic conditions on the day of the establishment of the estimate and are revisable, past the period of validity of the estimate as than provided for in article 2 of these General Conditions, in particular according to the variation in the prices of raw materials and the economic and social impact.
4. DEADLINES AND TERMS OF RECEPTION
4.1. Unless otherwise indicated in the quote, ASTREÏA delivers the Products within the foreseeable deadlines agreed by the Parties, these deadlines being understood as indicative and which ASTREÏA will endeavor to respect.
Delays cannot under any circumstances justify any claim for damages or cancellation of the Order by the Professional Customer.
In any case, ASTREÏA's liability cannot, under any circumstances, be engaged and its obligations are suspended automatically and without formality in the event of the occurrence of events or circumstances occurring after the conclusion of the sale and preventing performance under normal conditions for ASTREÏA, even if these events or circumstances do not meet the criteria of force majeure or fortuitous event. This will be the case in particular in the event of fire, work stoppage of any kind, lockout, epidemic, flood, war, requisition, frost, lack of raw material, tool accident, etc...
4.2. ASTREÏA does not provide delivery or assembly of the Product so that the Customer is responsible for transporting the Product to its premises, ASTREÏA's intervention is limited to assistance in loading the Product into the chosen means of transport by the customer.
As soon as the Product is available, ASTREÏA will contact the Customer to inform him of the availability of his Order and agree on the date and time of the handling provided by ASTREÏA before loading for transport.
4.3. The provision is always deemed to have been made at the ASTREÏA warehouses.
Thus, the receipt of the Order and the transfer of risks take place by the delivery, in its warehouses, of the goods to the Customer or to the carrier mandated by the latter.
4.5. In any case, it is up to the Customer or his representative to check, when the goods are made available, the conformity of the goods delivered with those ordered and their good condition.
It is up to the Customer to issue any reservations during this provision in accordance with the procedures provided for in Article 8 of these GCS.
Acceptance releases ASTREÏA from all contractual obligations other than legal warranties.
Any reason for refusal of acceptance by the Customer must be notified in writing to ASTREÏA by registered mail with acknowledgment of receipt within 3 days of the provision made by ASTREÏA.
4.5. On the day of collection of the Order by the Customer, previously agreed between the Parties, ASTREÏA proceeds to a handling of the assembly and disassembly of the Product and its use.
A User's Guide containing the assembly instructions, the instructions for use and the safety conditions to be respected, is available to the Customer, a document accessible via the link indicated on the acceptance report which is given to him on the day of the kidnapping.
5. STORAGE
5.1. From the information given by ASTREIA to the Customer regarding the availability of the Order, the Customer has a period of 15 days to collect it.
After this period and after formal notice to take possession of the Products, ASTREÏA will be entitled to invoice the customer for the cost of storing the Products.
5.2. The invoice is issued on the date of availability.
6. PAYMENT
6.1. Payment is made by bank check or bank transfer according to the conditions agreed, where applicable, in the quote.
Payment will be considered final only after effective collection of the sums due.
6.2. Unless otherwise agreed, payment of the balance of the invoice must be paid in cash upon receipt of the invoice issued by ASTREÏA and at the latest on the day of collection of the Product.
6.3. Any amount not paid on the agreed due date and mentioned on the invoice will automatically produce, until its actual payment by the Customer, late payment interest equal to 3 times the legal interest rate, without prejudice to any other action. that ASTREÏA would be entitled to sue, in this respect, against the Customer.
The latter will also have to pay the lump sum recovery indemnity of €40 provided for by the Commercial Code.
ASTREÏA also reserves the right to invoice its Customers for the bank charges that it would have to bear due to the postponement of the due date imposed by the Professional Customer.
In accordance with the provisions of the Monetary and Financial Code, the order to pay given by means of a payment card or a check is irrevocable.
7. RETENTION OF OWNERSHIP CLAUSE
ASTREÏA expressly reserves ownership of the goods delivered until full payment of their price in principal and interest, meaning effective collection of the full price.
The Customer will however become responsible for them as soon as they are handed over, the transfer of possession entailing that of the risks.
In the event that the Customer fails to pay a single fraction of the price on the agreed due dates and fifteen days after formal notice, by registered letter with acknowledgment of receipt which has remained unsuccessful, the contract binding the parties may be automatically terminated by ASTREÏA for the wrongs exclusive rights of the Customer so that it will remain liable for the agreed price, for all interest arising therefrom and for any damages that ASTREÏA could claim as a result of the economic damage that the Customer's behavior may have caused it.
8. USE
The Customer is informed of the conditions of use of the Product as well as the related safety conditions through the handling provided by ASTREÏA and by the User Guide given to him on the day of delivery of the Product.
Therefore, the Customer cannot blame ASTREÏA for a lack of advice or information regarding the use of the product, the safety measures to be implemented and its assembly and/or disassembly.
In the event of the Customer's refusal to follow the handling provided by ASTREÏA, the Customer is informed of the risks of not following such a handling and cannot blame ASTREÏA for any damage resulting therefrom.
9. WARRANTY AND NON-CONFORMITY
9.1. ASTREÏA does not provide any transport service, cannot be held liable for damage during transport.
Therefore, before the loading of the Order by the Customer or by its carrier, the Customer or its agent is required to check the goods upon receipt in ASTREÏA's warehouses and, if necessary, to express the reservations that he would find.
In the absence of a reservation formulated as indicated in article 4.4, the Product will be considered as free from any apparent defect.
9.2. In the event that ASTREÏA exceptionally agrees to deliver the Products, the risks associated with Transport will weigh on the Customer.
9.3. The goods benefit from the legal guarantees of conformity and against hidden defects.
These guarantees can only apply if the Product has been subject to normal use, under usual conditions and in accordance with the destination of the Product and cannot be acquired in the event of deterioration caused by causes unrelated to the qualities intrinsic to the Product.
This warranty also does not cover the consequences of normal wear and tear of the Product.
Likewise, damage resulting from assembly errors is not covered by this warranty.
9.4. In the event of a complaint relating to the Product(s) delivered, the Customer must notify ASTREÏA, by registered letter with acknowledgment of receipt.
It is up to the Customer to provide all the justifications as to the reality of the non-compliance observed, allowing ASTREÏA to examine this complaint.
No Product return may be made by the Customer without the prior agreement of ASTREÏA.
As soon as such a return is expressly accepted and if after checking, a non-conformity is actually noted by ASTREÏA and is attributable to it, the Customer may claim the replacement of the non-conforming Product(s), the ASTREÏA's costs, excluding any compensation or damages.
9.5. In any event, the Product guarantee due by ASTREÏA is limited either to the replacement of defective or non-compliant Products, or to the refund of their price, at the Seller's choice, to the exclusion of any other compensation or damage and interests.
10. LIABILITY
The Customer remains the sole judge of the appropriateness and adaptation to his needs of the products he orders, ASTREÏA simply providing information and advice to allow the Customer to be better oriented.
ASTREÏA's liability can only be retained in the event of proven fault which is exclusively attributable to it and will be limited to direct damages, to the exclusion of any indirect damage or any loss of opportunity.
ASTREÏA's liability under these General Terms and Conditions of Sale cannot be engaged if the non-performance of its obligations is attributable to the act of a third party, to the fault of the Customer, to an event of force majeure as defined by law. French or any other event for which ASTREÏA is not responsible.
11. MISCELLANEOUS
11.1. The Customer's contracts, rights and obligations may not be assigned or transferred without the prior written consent of ASTREÏA.
The contracts and pecuniary rights attached to the contract may be assigned or transferred at any time by ASTREÏA without the Customer's prior consent.
11.2. If any of the provisions of these General Conditions of Sale were cancelled, this nullity would not affect the other provisions which would remain in force between the Parties.
12. PERSONAL DATA
ASTREÏA collects personal data within the limits of what is strictly necessary for the execution of these General Conditions of Sale and the resulting contract.
ASTREÏA is, within the meaning of EU Regulation 2016/679, responsible for the processing that it operates of personal data under the conditions described below.
The sole purpose of this processing is the proper execution of these General Conditions of Sale and the resulting contract and thus to ensure the management of Orders (production, payment, handling, etc.).
ASTREÏA collects, within the limits of what is strictly necessary for the performance of the said contract, information relating to natural persons, members of the Professional Client, legal entity.
The personal data collected is as follows: NAMES and FIRST NAMES OR CONTACTS WITHIN THE CUSTOMER'S ENTITY, POSTAL ADDRESS AND E-MAIL ADDRESS, TELEPHONE, TRANSACTION REFERENCE.
Failing this, the Customer's Order cannot be completed.
The retention period for the data collected is 5 years from the last service performed by ASTREÏA for the Customer.
The only recipients of this data will be: ASTREÏA, its IT service provider in charge of processing personal data.
The personal data processed is transferred outside the European Union for data storage by a service provider with a level of guarantee of protection of personal data up to the requirements of the European Union and its EU Regulation. 2016/679.
Individuals have a right of access to the data collected on their personal data; to rectify inaccurate personal data; restriction of processing; erasure; portability; to object to processing; not to be processed; to lodge a complaint with the national supervisory authority, namely the CNIL.
Anyone can exercise their rights by contacting, where appropriate, ASTREÏA, 180 rue Lavoisier, ZAC des Bruyères, 01960 Péronnas or at the email address: sharing@moulin-astreia.com.
13. INTELLECTUAL PROPERTY
All the documents and in particular the plans, drawings, etc. are the exclusive property of ASTREÏA.
Therefore, any reproduction and/or representation without its authorization is prohibited.
14. APPLICABLE LAW - DISPUTE
These General Conditions of Sale are subject to French law.
In the event of a dispute, only the courts of BOURG-EN-BRESSE are competent to assess a dispute between ASTREÏA and the Customer.