Terms and conditions of sale

The ASTREÏA company, registered in the Bourg-en-Bresse Trade and Companies Register under number 807 411 434 and having its registered office at 180 rue Lavoisier, ZAC des Bruyères, 01960 Péronnas, specialises in manufacturing activities and more specifically in the manufacture and sale of flour mills.

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, as the ‘Parties’), within the meaning of the Law and case law, and in particular the preliminary article of the Consumer Code which defines a professional as ‘any natural person or legal entity, public or private, who is acting for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he is acting in the name of or on behalf of another professional’ as well as any entity or association acting within the scope of its corporate purpose so that the Parties are entering into a contract in the capacity of professional, which they expressly acknowledge.

The fact of contracting with ASTREÏA implies express acceptance in full and without reservation of these General Conditions of Sale by the Client, who declares that he has understood them.

Any contrary conditions imposed by the Client, at any time and on any medium, will be unenforceable against ASTREÏA, except with the express written agreement of the latter, it being specified that in the event of contradiction, the provisions of these General Conditions of Sale will prevail in any event.

ASTREÏA may be required to modify certain provisions of these General Conditions of Sale, the new version of which will be communicated prior to the drawing up of any quotation.

1. PRODUCTS

1.1. The products offered by ASTREÏA are so-called ‘standard’ products, with limited options, and are listed on its website www.moulin-astreia.com, together with information relating to their essential characteristics.

The characteristics of the Products (weight, colour, etc.) as presented on the ASTREÏA website are indicative only.

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 tutorial provided by ASTREÏA on the use of the Product as well as its assembly and disassembly.

1.2. The purchase of an ASTREÏA Product by the Customer does not imply any obligation or commitment on the part of the latter towards a miller for the supply of ready-to-grind wheat.

The Client is responsible for such supplies.

The Client is, however, informed that ASTREÏA may direct him, if he so wishes, to a miller/grain miller likely to supply him with grain.

2. QUOTATION/ORDER

2.1. For any Order or request for a quotation, the Client should contact ASTREÏA either via the website www.moulin-astreia.com (non-commercial site), or by telephone.

Unless otherwise stipulated, a quotation is valid for 30 calendar days from the date it is issued.

After this period, any acceptance of the quote by the Client will only be binding on ASTREÏA if ASTREÏA expressly agrees to maintain the terms and conditions.

2.2. All orders are firm and final only after express acceptance of the quotation by the Client and written confirmation from ASTREÏA, subject, where applicable, to 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 unpaid invoices or previous disputes, as well as to suspend or even cancel an Order, in particular for failure to pay the agreed deposit or any other term of payment 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 shortage of supplies of materials or components, where such events appear to be neither resorbable nor compatible with the timetable agreed with the Client, of which the latter will be notified without delay; the Client will then be reimbursed the amount of any advance payments made but may not claim any compensation on this account.

2.4. ASTREÏA may request the payment of a deposit of 40%, which may be specified in the quotation.

This deposit will be deducted from the total price when the final invoice is issued.

3. PRICES

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 on the quotation for each Product in Euros and is exclusive of general or special taxes, delivery charges and VAT in force on the total amount.

All new taxes and compulsory contributions (such as eco-taxes or others), in force on the day of invoicing and relating to the products sold, are added to the prices and prices excluding VAT of ASTREÏA products and are payable by the Customer, unless the law provides otherwise.

Prices are set according to the model selected by the Customer, any options requested by the Customer, technical constraints, economic conditions existing on the day the quotation is drawn up and may be revised after the period of validity of the quotation as set out in article 2 of these General Terms and Conditions, in particular according to variations in the price of raw materials and economic and social impacts.

4. ACCEPTANCE DEADLINES AND PROCEDURES

4.1. Unless otherwise specified in the quotation, ASTREÏA delivers the Products within the foreseeable timescales agreed by the Parties, these timescales being understood as indicative and which ASTREÏA will endeavour to respect.

Under no circumstances may delays justify any claim for damages or the cancellation of the Order by the Professional Client.

In any event, ASTREÏA may under no circumstances be held liable and its obligations are suspended ipso jure and without formality in the event of the occurrence of events or circumstances occurring after the conclusion of the sale and preventing its 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, lock-out, epidemic, flood, war, requisition, freezing, lack of raw materials, tooling accident, etc…

4.2. ASTREÏA does not deliver or assemble the Product, so that the Client is responsible for transporting the Product to its premises, with ASTREÏA’s intervention limited to assisting with loading the Product into the means of transport chosen by the Client.

As soon as the Product is available, ASTREÏA will contact the Customer to inform him of the availability of his Order and agree the date and time of the handover by ASTREÏA before loading for transport.

4.3. The goods are always deemed to have been made available at ASTREÏA’s warehouses.

Thus, receipt of the Order and the transfer of risks takes place when the goods are delivered at ASTREÏA’s warehouses to the Client or to the carrier appointed by the latter.

4.4. In any event, it is the responsibility of the Customer or its authorised representative to check that the goods delivered conform to those ordered and are in good condition when they are made available.

It is the Client’s responsibility to express any reservations at the time of delivery in accordance with the procedures set out in article 8 of these GCS.

Acceptance releases ASTREÏA from all contractual obligations other than the legal guarantees.

Any reason for refusal of acceptance by the Client must be notified in writing to ASTREÏA by registered post with acknowledgement of receipt within 3 days of the goods being made available by ASTREÏA.

4.5. On the day of collection of the Order by the Client, as previously agreed between the Parties, ASTREÏA will carry out a handover of the assembly and dismantling of the Product and its use.

A User Guide containing assembly instructions, instructions for use and safety conditions to be respected, is available to the Client, a document which can be accessed via the link indicated on the acceptance report which is given to the Client on the day of collection.

5. STORAGE

5.1. Once ASTREIA has informed the Client that the Order is available, the Client has 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 client for the cost of storing the Products.

5.2. The invoice is issued on the date the Products are made available.

6. PAYMENT

6.1. Payment shall be made by cheque or bank transfer in accordance with the terms agreed, where applicable, in the quotation.

Payment will not be considered final until the sums due have actually been received.

6.2. Unless otherwise agreed, payment of the balance of the invoice must be made in cash on receipt of the invoice issued by ASTREÏA and at the latest on the day of collection of the Product.

6.3. Any sum not paid by the agreed due date and mentioned on the invoice will automatically generate late payment interest equal to 3 times the legal interest rate until its effective payment by the Client, without prejudice to any other action that ASTREÏA may be entitled to take against the Client in this respect.

The latter will also have to pay the fixed recovery indemnity of 40€ provided for by the French Commercial Code.

ASTREÏA also reserves the right to invoice its Clients for any bank charges it may incur as a result of the postponement of the due date imposed by the professional Client.

In accordance with the provisions of the Monetary and Financial Code, the order to pay given by means of a payment card or cheque is irrevocable.

7. RETENTION OF TITLE CLAUSE

ASTREÏA expressly reserves ownership of the goods delivered until full payment of their price in principal and interest, meaning the actual collection of the full price.

However, the Customer will become responsible for the goods as soon as they are physically handed over, as the transfer of possession entails the transfer of risks.

If the Client fails to pay a single fraction of the price on the agreed due dates and fifteen days after formal notice, by registered letter with acknowledgement of receipt, has remained unsuccessful, the contract binding the parties may be terminated ipso jure by ASTREÏA to the exclusive detriment of the Client, so that the Client will remain liable for the agreed price, any interest arising therefrom and any damages that ASTREÏA may claim as a result of the economic loss that the Client’s behaviour may have caused.

8. USE

The Customer is informed of the conditions of use of the Product as well as the related safety conditions by means of the handover provided by ASTREÏA and by the User Guide given to him on the day the Product is delivered.

Consequently, the Client may not reproach 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 that the Client refuses to follow the instruction provided by ASTREÏA, the Client is informed of the risks of not following such instruction and cannot reproach ASTREÏA for any prejudice resulting therefrom.

9. WARRANTY AND NON-CONFORMITY

9.1. As ASTREÏA does not provide any transport services, it cannot be held liable for damage during transport.

Consequently, before the Order is loaded by the Customer or by the carrier, the Customer or his authorised representative is required to check the goods on receipt at ASTREÏA’s warehouses and, where appropriate, to express any reservations he may have.

In the absence of reservations formulated as indicated in article 4.4, the Product will be considered to be free of any apparent defect.

9.2. In the event that ASTREÏA exceptionally agrees to deliver the Products, the risks associated with Transport will be borne by the Client.

9.3. The goods benefit from legal guarantees of conformity and against hidden defects.

These warranties can only apply if the Product has been subject to normal use, under usual conditions and in accordance with the intended purpose of the Product and cannot be acquired in the event of deterioration caused by causes unrelated to the intrinsic qualities of the Product.

Nor does this warranty cover the consequences of normal wear and tear of the Product.

Similarly, this warranty does not cover damage caused by assembly errors.

9.4. In the event of a complaint concerning the Product(s) delivered, the Customer must notify ASTREÏA by registered letter with acknowledgement of receipt.

It is the Client’s responsibility to provide all evidence as to the reality of the non-conformity observed, enabling ASTREÏA to examine this claim.

No Product may be returned by the Client without the prior agreement of ASTREÏA.

Once such a return has been expressly accepted and if, after inspection, a non-conformity is actually noted by ASTREÏA and is attributable to it, the Client may claim the replacement of the non-conforming Product(s), at ASTREÏA’s expense, to the exclusion of any compensation or damages.

9.5. In any event, the guarantee of Products owed by ASTREÏA is limited either to the replacement of defective or non-compliant Products, or to the restitution of their price, at the Vendor’s discretion, to the exclusion of any other indemnity or damages.

10. RESPONSIBILITY

The Customer remains the sole judge of the appropriateness and suitability to his needs of the products he orders, ASTREÏA simply providing information and advice to enable the Customer to be better guided.

ASTREÏA may only be held liable in the event of a proven fault that is exclusively attributable to it and will be limited to direct damage only, to the exclusion of any indirect damage or loss of opportunity.

ASTREÏA may not be held liable under these General Conditions of Sale if the non-performance of its obligations is attributable to the act of a third party, to the fault of the Client, to an event of force majeure as defined by French law or to any other event for which ASTREÏA is not responsible.

11. MISCELLANEOUS

11.1. The Client’s contracts, rights and obligations may not be assigned or transferred without the prior written consent of ASTREÏA.

Contracts and pecuniary rights attached to the contract may be assigned or transferred at any time by ASTREÏA without the prior consent of the Client.

11.2. If any of the provisions of these General Conditions of Sale were to be invalidated, this invalidity would not affect the other provisions which would remain in force between the Parties.

12. PERSONAL DATA

ASTREÏA collects personal data to the extent strictly necessary for the performance of these General Terms and Conditions of Sale and the resulting contract.

ASTREÏA is, within the meaning of EU Regulation 2016/679, responsible for the processing it carries out on personal data under the conditions described below.

The sole purpose of this processing is the proper performance of these General Terms and Conditions of Sale and the resulting contract, and thus to ensure the management of Orders (manufacture, payment, handover, 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, a legal entity.

The personal data collected is as follows: NAMES and FIRST NAMES OR INTERLOCUTORS WITHIN THE CUSTOMER’S ENTITY, POSTAL ADDRESS AND E-MAIL ADDRESS, TELEPHONE, TRANSACTION REFERENCE.

Failing this, the Customer’s Order shall not be processed.

The data collected is kept for a period of 5 years from the last service provided by ASTREÏA to the Client.

Only the following will be recipients of this data: ASTREÏA, its IT service provider in charge of personal data processing operations.

The personal data processed is transferred outside the European Union for storage by a service provider offering a guaranteed level of personal data protection in line with the requirements of the European Union and its EU Regulation 2016/679.

With regard to their personal data, individuals have the right to access the data collected; to rectify inaccurate personal data; to limit processing; to erasure; to portability; to object to processing; not to be processed; and to lodge a complaint with the national supervisory authority, the CNIL.

Any person may exercise these rights by contacting ASTREÏA, 180 rue Lavoisier, ZAC des Bruyères, 01960 Péronnas or by e-mail at partage@moulin-astreia.com.

13. INTELLECTUAL PROPERTY

All documents and in particular plans, drawings, etc. are the exclusive property of ASTREÏA.

Consequently, any reproduction and/or representation without its authorisation is prohibited.

14. APPLICABLE LAW – DISPUTES

These General Terms and 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 Client.