{"id":35652,"date":"2018-08-30T15:02:49","date_gmt":"2018-08-30T13:02:49","guid":{"rendered":"http:\/\/emilegroupe.fr\/home\/contact\/terms-and-conditions-of-sale\/"},"modified":"2024-03-04T11:03:11","modified_gmt":"2024-03-04T10:03:11","slug":"terms-and-conditions-of-sale","status":"publish","type":"page","link":"http:\/\/emilegroupe.fr\/en\/home\/contact\/terms-and-conditions-of-sale\/","title":{"rendered":"Terms and conditions of sale"},"content":{"rendered":"\t\t
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GENERAL CONDITIONS OF SALE BETWEEN PROFESSIONALS - SPECIALIST RETAILERS<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1 - SCOPE OF APPLICATION<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In accordance with Article L 441-1 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis for commercial negotiations between HUILERIE EMILE NOEL, hereinafter referred to as ” the Supplier”. ” with registered office at Chemin des Oliviers 30130 PONT SAINT ESPRIT R.C.S N\u00eemes No 660201138, represented by GROUPE EMILE, R.C.S N\u00eemes No 408130037, itself represented by HOLDING DAVID GARNIER, R.C.S N\u00eemes No 841639529, itself represented by Mr David GARNIER in his capacity as Chairman, and its professional buyers hereinafter referred to as “”. The Customer or Buyer .<\/p>\n

They are systematically communicated to any Buyer who requests them, to enable him\/her to place an order with HUILERIE EMILE NOEL. <\/p>\n

All product orders imply acceptance by the Buyer of these General Terms and Conditions of Sale, regardless of the Customer’s general terms and conditions of purchase. <\/p>\n

The Supplier reserves the right to derogate from certain clauses of these General Terms and Conditions of Sale, depending on the negotiations conducted with the Buyer, by drawing up Special Terms and Conditions of Sale. <\/p>\n

L’HUILERIE EMILE NOEL reserves the right to modify the present General Terms and Conditions of Sale, without prior notice, it being understood that such modifications will be inapplicable to Buyers’ orders previously accepted by L’HUILERIE EMILE NOEL. HUILERIE EMILE NOEL may modify its product range without prior notice, in accordance with the contracts entered into. <\/p>\n

The Customer acknowledges having read and expressly accepts the terms and conditions of these General Terms and Conditions of Sale, including the appendices. Upon acceptance, the present General Terms and Conditions of Sale will be valid in the relationship between the parties, subject to new General Terms and Conditions of Sale which the Customer must accept in order to place new orders. <\/p>\n

Our food products are organically grown and comply with the provisions of EU Regulation No. 2018\/848 of May 30, 2018, they are controlled ECOSSAIT<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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2 - ORDERS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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To open an account, you will be asked to fill in an information form, which you can request from the Supplier. The account will be effectively opened after validation by our services and reception of the first order. The customer number must be quoted on sales orders, which must be expressed in sales units. <\/p>\n

The delivery address is compulsory on the Customer Order Form, failing which no claim will be accepted in the event of an error in the place of delivery.<\/p>\n

Orders can be transmitted as follows: <\/p>\n

– To commande@emilenoel.com<\/a> in simple Excel PDF format or image format (JPEG or PNJ);<\/p>\n

– To edi@emilenoel.com<\/a>, in Excel extension .csv , text or EDI format;<\/p>\n

– Via the HEN MY ACCOUNT software; procedure available to request by e-mail: commande@emilenoel.com<\/a><\/p>\n

– To our field sales representatives ;<\/p>\n

– By phone 04.66.90.54.51 ;<\/p>\n

Acceptance of the order is confirmed by an e-mail sent to the Customer’s address. The data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Purchaser.<\/p>\n

Any modifications requested by the Purchaser will only be taken into account, within the limits of the Supplier’s possibilities and at its sole discretion, if they are notified in writing two working days before the date scheduled for delivery of the products ordered, after signature by the Purchaser of a specific purchase order and possible price adjustment. <\/p>\n

In the event of cancellation of an order by the Customer, after validation of the quotation, for any reason whatsoever other than force majeure, the full amount of the cancelled order shall be automatically acquired by the Supplier. The amount thus due by the Customer must be paid to the Supplier within 8 days of the request made to him. <\/p>\n

Any item out of stock must be re-ordered. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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3 - RATES<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Our prices are for professionals only, in Euros and exclusive of tax. The applicable price is that in force on the day the product is ordered by the Customer. <\/p>\n

Our price list in Appendix 1 is subject to the provisions of Article 441-1-1 of the French Commercial Code (Law No. 2021-1357 of 18\/10\/2021 – Loi Egalim 2), which requires transparency on the purchase price of agricultural raw materials and processed products made up of more than 50% agricultural raw materials, and the non-tradability of said agricultural raw materials. It is also subject to Decree no. 2021-1426 of October 29, 2021, which excludes certain products from the application of the provisions of the said article (Appendix 2). <\/p>\n

A product that does not contain agricultural raw materials as listed by the Common Market Organization (C.M.O.) will not be subject to these provisions and will be subject to our current prices, which will be communicated upon specific request. <\/p>\n

Our prices may vary. <\/p>\n

1 – Pursuant to the provisions of Article L 441-1-1 of the French Commercial Code, in the event of a price increase compared with the previous year, our Company has chosen option 3, i.e. to call on an independent third party to certify, at the end of the commercial negotiations with our customers, that these negotiations have not covered the portion of the price increase resulting from changes in the price of agricultural raw materials or processed products. <\/p>\n

For food products subject to Article L 441-1-1 of the French Commercial Code, and in application of Article L 443-8 of said Code, the written agreement includes a clause for automatic revision of contract prices according to the variation in the cost of the agricultural raw material, upwards or downwards, used in the composition of the food product used in the composition of the product. The independent third party will be able to certify the accuracy of the variation in the cost of the agricultural raw material borne in the evolution of our base price. <\/p>\n

Pending determination of the reference indicators referred to in article L 631-24 of the Code Rural et de la P\u00eache Maritime by interprofessional organizations or agricultural technical institutes, the purchase price index will be applied. <\/p>\n

means of agricultural production (IPAMPA)(www.insee.fr\/fr\/metadonnees\/source\/indicateur\/p1652\/description<\/a>) <\/p>\n<\/p>\n

2- Our products listed in Appendix 2 are excluded from the scope of Article L 441-1-1 of the French Commercial Code, in accordance with the provisions of Decree no. 2021-1426 of 29\/10\/2021, due to market and production peculiarities leading to significant variability in the production prices of agricultural raw materials. <\/p>\n

In accordance with the provisions of article L 441-8 of the French Commercial Code, for the sale of agricultural and food products whose production prices are significantly affected by fluctuations in the price of agricultural and food raw materials, and agricultural and food products, the commercial agreement will include a clause covering the terms and conditions for renegotiating the agreed price, in order to take into account fluctuations in other sources of cost, such as the price of energy, transport and materials used in packaging. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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4 - IMPREVISION <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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In accordance with the provisions of article 1195 of the French Civil Code, if a change in circumstances unforeseeable at the time of conclusion of the contract renders its execution excessively onerous for one party, the parties will agree to immediately renegotiate with a view to new orders. A new order will then be established. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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5 - SHIPPING CONDITIONS - SHIPPING COSTS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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For all shipments, transport costs are at the customer’s expense.<\/p>\n

HUILERIE EMILE NOEL’s prices do not include taxes and are valid from the company’s headquarters in Pont-Saint-Esprit, France, for a minimum order of \u20ac450 excluding taxes. <\/p>\n

Any customer wishing to collect goods by their own means in Pont-Saint-Esprit must respect the following collection times:<\/p>\n