USEO GENERAL CONDITIONS OF SALE EFFECTIVE AS AT 01 JULY 2019
USEO, hereinafter referred to as “the Company” specializes in the design and manufacturing of innovative tableware solutions.
It is therefore dependent on the costs of the raw materials and other components is also, by virtue of the nature of the products, subject to specific transport requirements.
Pursuant to the provisions of Article L 441-6 of the French Commercial Code, and in the absence of a specific agreement or express and written exemption agreed between IPI and its customers, hereinafter referred to as ‘the Customer’, sales are subject to these conditions and take precedence over any others that may have been drawn up.
The ‘Customer’ is understood to mean a commercial company registered pursuant to Article L 210-6 of the Commercial Code.
The fact that the company may not avail itself of one of the clauses in these conditions of sale at any given time does not amount to a waiver by IPI to invoke this clause.
Some models may be protected by intellectual property rights. Generally speaking, no usage right is granted under these conditions. The definition and usage of rights in this regard shall be subject to a special agreement.
The nature of the products sold, and the conditions under which they are stored and transported make it necessary for the Company to confirm the order submitted by the Customer.
The Company therefore accepts the Customer’s order by issuing the Order Confirmation, hereinafter referred to as “the OC”.
In the case of an ongoing contract, an OC is issued for each order.
The OC takes precedence over any other document, including, without being limited to such, a quotation, order, email, etc. issued by the Customer which could bind the Company.
The OC contains the product numbers, quantities, method of transport and delivery, related prices and delivery times.
The terms of the OC apply to the Customer and not to the companies that might be associated with it, in accordance with the provisions of Articles L 233-1 to L 233-40 of the aforementioned Code.
The Company will only be able to accept requests to amend the OC if they are made expressly by the Customer by 10.30 am at the latest on the day after the Customer has received the OC.
Unless changes are made as described above, the sale will comply with the provisions of Article 1583 of the French Civil Code and will take place under the conditions specified in this document. Only goods that have been delivered in breach of the conditions described in point 5 may be returned, unless expressly agreed between the Company and the Customer.
Delivery is deemed to have taken place as soon as the products described in the OC are made available at the Company’s premises. The delivery date is stated in the OC purely as a guideline under ‘possible departure date’. The Company will advise the Customer of any change to the delivery date.
The Customer must proceed to collect the said products on the said date. If the Company is responsible for transport on the Customer’s behalf, the delivery times are only given as a guideline. The Company accepts no liability in this respect where transport is concerned.
The transfer of ownership and risk takes place at the Customer’s own risk at the time of delivery, and from the time the carrier loads the goods if the Company is responsible for the transport.
The methods of delivery, transport costs and transfer of risk are specified in the OC for products shipped outside France.
The Customer shall make any reservations
– on collection
– or upon receipt of the products from the carrier, as referred to in 5.2.
Without prejudice to the provision in 5.4, any complaint relating to the compliance of the delivery, with regard to the OC, is only admissible under the following conditions: when made in writing to USEO, Route de la Gare, 45170 CHILLEURS AUX BOIS, France, by fax to +33.(0)18.104.22.168.03 or by email to firstname.lastname@example.org within 48 hours of collection by the Customer or of receipt when delivered by carrier.
Any complaint relating to the quality of the product is only admissible under the following conditions: when made in writing to USEO, Route de la Gare, 45170 CHILLEURS AUX BOIS, France, by fax to +33.(0)22.214.171.124.03 or by email to email@example.com. The time limit may be extended to 8 days and the Customer advised that they must let the Company have the traceability numbers and any other item (documents, photos) enabling the latter to investigate the complaint.
Should an invoice not be paid when it is due, the Company reserves the right to suspend despatch/delivery of all pending orders without needing to issue a formal notice.
The prices invoiced result from the current rate applicable to the product(s), based on the quantities specified on the day on which the OC is issued with the applicable terms of payment.
Unless otherwise specified, all the payments due are payable in cash to the address of the head office upon the delivery of the products.
Payments made before their due date will not qualify for a discount.
Penalties for late payment equal to 20 % of annual interest rate and a 40 € fixed-sum compensation for recovery costs, according the Decree N° 2012-115 dated October 2nd, 2012, are required from the day following the payment due date appearing on the invoice and without any prior reminder.
In the event of changes in economic circumstances creating conditions that are unacceptable to the Company, the latter reserves the right to revise the prices, in particular – without being limited to such – in the event of a significant rise in the cost of raw materials or other components It will inform the customer of this under reasonable conditions. Should it be impossible to agree on the price revision, the parties will be able to cancel the contract for future orders under reasonable conditions.
These provisions apply in particular in the event of the order being carried out on an ongoing basis.
The invoice and these conditions constitute proof of debt within the meaning of the provisions of Article L 622-22 of the Commercial Code.
In the event of a delay in or failure to perform any of the obligations for which the parties are responsible as a result of these conditions, the parties shall only be relieved of the consequences of these delays or failures if they can invoke unforeseeable circumstances or a force majeure event.
Unforeseeable circumstances or a force majeure event are considered to include insurmountable acts or events, or an insurmountable legal situation or state of affairs, and in particular strikes, lockouts, technical incidents and any damage attributable to a fault in the materials or failure in the equipment used to carry out the order and/or the ongoing contract.
These conditions will be governed by French law. All disputes will be referred to the Orleans Commercial Court.
By adhering to these general terms and conditions of sale, the Client consents to the Company gathering and using personal data (the names of the company and its manager, RCS tax registration code, VAT number, headquarters, delivery and invoicing addresses, the name and telephone/email contact details of contacts) required to properly fulfil this contract.
Any personal information pertaining to the Client will be stored for 3 years following the end of the contractual relationship with the Company, unless:
• they invoke their right to have said data removed, as per the conditions set out below;
• Legal or regulatory requirements result in authorisation of a longer period of storage.
During this period, the Company will implement all reasonable measures to ensure all Client personal data remains confidential and secure, and to prevent any damage, destruction or access by unauthorised third parties.
Access to Client personal data is strictly limited:
To employees and agents of the Company, and, where necessary, to their sub-contractors and service providers. The sub-contractors and service providers are bound by confidentiality and cannot use these data other than in the fulfilment of their contractual obligations and as per applicable legislation.
Aside from the circumstances set out above, the Company agrees to never sell, rent or transfer Client data without their prior authorisation, unless absolutely necessary on legitimate grounds (legal obligation, anti-fraud or anti-corruption action, exercising right of defence, etc.).
Some Client data recipients are located outside the European Union. The following security measures have been taken to ensure all information is adequately protected:
The transfer is governed, as required under European regulation no 2016/679/UE of 27 April 2016, by standard protection clauses adopted by CNIL [French data protection authority]
In accordance with the ‘information and freedoms’ legislation of 6 January 1978 amended, and European regulation no 2016/679/UE of 27 April 2016, the Client enjoys the right of access, correction, portability and destruction over their data and even to restrict processing. They may also, for legitimate reasons, prohibit the processing of any data pertaining to them.
The Client may, subject to showing a valid identity document, exercise their rights by contacting the Client Relations Team, DPO-Client@useo-xp.fr, +33 (0)2 38 34 59 00.
For further information or to submit a complaint, please contact the French Data Protection Authority (for more information see www.cnil.fr/en)
“The information collected from this form is recorded and transmitted to the authorized employees of USEO, in charge of processing your message, in accordance with our confidentiality policy.
In accordance with the applicable regulations on personal data, you have the right to access, modify, rectify, limit, challenge, restrict, delete and transfer your personal data. To exercise them, all you have to do is send us a request by e-mail to DPOfirstname.lastname@example.org
“USEO Confidentiality Policy
In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 dated 21 June 2004 on confidence in the digital economy, we inform you that this site is the property of USEO.
Publisher of the service on the sub-site useo-xp.fr :
Company name: USEO
Legal form: Simplified joint stock company
Head office: Route de la Gare. 45170 Chilleurs aux bois. France
social capital: 3 000 000 €
Intracommunity VAT number: FR91 333 542 157
Registration number RCS 1985B00370
SIRET : 333 542 157 00024
Publishing Manager: Antoine Quinson
Editor: Antoine Quinson
Legal Representative: Jean-Louis Revel
USEO makes every effort to provide users with available and verified information and/or tools, but cannot be held responsible for errors, lack of availability of information and/or the presence of viruses on its website. The information provided by USEO is for information purposes only and does not exempt the user from further and personalized analysis. USEO cannot guarantee the accuracy, completeness or timeliness of the information published on its website.
USEO cannot be held responsible for the pages accessed by users via hypertext links set up as part of the website to other resources on the Internet.
Consequently, the user acknowledges that they are solely responsible for using the information made available to them by USEO.
We will not share your personal information with third parties. USEO does not sell, rent or lease its customer records to third parties. USEO is the owner of the intellectual property rights or holds the user rights to all elements accessible on the site, including texts, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless prior written authorization from USEO.
Any unauthorized use of the site or any of its contents will be considered as counterfeiting and prosecuted in accordance with the provisions of Articles L. 335-2 and according to the French Intellectual Property Code.
The user is informed that, during their visits to the website, a cookie may be automatically installed on their browser software. A cookie is a block of data that does not identify users but is used to record information relating to their browsing activity on the website.
As part of its activity, USEO, a simplified joint stock company, registered in the Orléans Trade and Companies Register under number 1985B00370, with its registered office at Route de la Gare. 45170 Chilleurs aux bois. France, processes the personal data of Users of the Website.
The User expressly agrees that any personal data concerning them that may be collected as part of the use of the Website may only be processed for the purposes of replying to their request for information – demos, contacts or partnerships – as well as in the context of the commercial and administrative management of the Website.
USEO undertakes not to make any other use of the User’s personal data than for the strict purposes specified above and not to publish or disclose any information concerning the User without their prior consent.
In accordance with the applicable regulations on personal data, including in particular the General Data Protection Regulation (GDPR) and the amended Data Protection Act of 6 January 1978, the user of the website has the right to access, rectify, limit, oppose, restrict, delete and transfer personal data concerning them. These rights can be exercised at any time, by sending an email to the following address: DPOemail@example.com
The user also has the possibility to refer the matter to any competent supervisory authority, such as the French Data Protection Authority (Commission nationale de l’informatique et des libertés), if they consider that any processing of their personal data violates the requirements of the applicable regulations on personal data.
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