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The General Terms and Conditions of Sale apply to all sales by our company across our website www.cavibox.fr as well as to any orders placed by any means whatever, whether post, fax or email. Any order placed with us, whether on our site or by fax, email or telephone, entails full acceptance without reserve of these General Terms and Conditions of Sale on the part of the Customer, unless expressly and formally agreed by us. The General Terms and Conditions of Sale may be amended at any time without notice, the amendments thereafter being applicable to all subsequent orders. The fact that the COBALPAC Company does not at a particular moment avail itself of one of these General Terms and Conditions of Sale shall not in any way be construed as a waiver of any of said Conditions at any point in the future.Consequently, the placing of an order implies full and unconditional acceptance by the Customer of these GTC, to the exclusion of any other document. Unless formally accepted in writing by us, no special condition may prevail over the GTC. Acceptance be it by tacit consent of our GTC shall prevail on the Customer's GTC.
Orders may be submitted directly at points of sale by post, telephone, fax or electronically, or by a representative. Stock orders received by telephone or electronically are binding upon the Purchaser as soon as the order has been received by either telephone or electronically, without the necessity for written confirmation by said Purchaser. The products presented on the Cavibox site do constitute a firm and complete offer by the Vendor. COBALPAC therefore reserves the right to accept or reject an electronic order. Manufacturing orders must be in writing. Any order, whether written by electronic means or made by telephone must contain the following: full name, full address, Trade or Companies Register No., Purchaser's institutional status or customer identification in the case of an electronic order: the reference for an existing order item; quantity, either exact or with minimum and/or maximum criteria; quality, type, brand name and reference to a sample supplied; grammage; size; presentation; required delivery deadlines: delivery address; delivery methods; price, and payment terms
In the event of the Purchaser accepting without modification a firm and complete offer made by the Vendor, no written order confirmation from the customer is required. The reception of the Goods shall be deemed to be confirmation of the order and full and unconditional acceptance of these General Terms and Conditions of Sale by the Purchaser. In the case of an electronic order these General Terms and Conditions of Sale are deemed to be accepted upon placing of aforementioned order. In the case of a manufacturing order, even in the absence of a written order by the Purchaser, COBALPAC shall issue an order confirmation which constitutes the contract and binds both parties. For deliveries in France, no contestation by the Purchaser of the Vendor's order confirmation will be accepted after an interval of four days from date of issue of confirmation.
The prices charged for products sold by the COBALPAC Company are the rates in place on the day of the order. The rates given in price lists, inserts and catalogues or sales literature are for guidance only and may be altered by the COBALPAC Company. The COBALPAC Company reserves the right to revise prices in particular if the prices of raw materials or if transportation conditions change. The price for bulk purchase is only applicable if the corresponding number of products is the object of a single delivery. In the case where the quantities involved are either increased or decreased, the prices may be revised in consequence. Tooling, production, printing, planning and programming costs will be invoiced as extras but remain the full property of the COBALPAC Company.
Delivery deadline: The delivery deadline is calculated from the date the order is taken or is confirmed, if no mention of a requirement for urgent delivery is made and no date specified in the order confirmation; the date or deadline is an estimate only; except in the case of deliberate negligence on the part of the Vendor, no damages, compensation or other benefits will be claimable in respect of failure to meet a delivery date or deadline. In the event of delayed delivery or non-delivery of all or part of the order, COBALPAC shall not be liable for any event beyond its control and which is not caused by intentional negligence or misconduct which delays or prevents aforementioned delivery of Goods. COBALPAC shall inform the Purchaser of the existence of grounds for delayed delivery or for inabiblity to deliver provided the circumstances in question do not render such notification impossible. If said grounds are temporary, the execution of the contract is suspended for the duration of such grounds. However, should the delay exceed 15 days, either party has the right to terminate the contract without liability to compensation from the other party. Nevertheless, if said grounds apply to a delivery already due yet forming part of a contract for deliveries by instalments, the right to terminate shall apply only to the aforementioned delivery and not to future deliveries. If when the aforementioned grounds arise COBALPAC has already manufactured part of the order, Purchaser shall take delivery of the quantity of goods manufactured, in accordance with the agreed conditions.
Any return of goods accepted by COBALPAC but due to Purchaser error will be invoiced at Vendor's rates in order to cover transportation and repackaging costs of the returned Goods. Goods manufactured to order may not be returned. Handling: In line with handling specifications necessitated by the structure of delivery building(s) mentioned by Purchaser, customised delivery criteria requested by Purchaser, or the geographical location of delivery, COBALPAC shall charge the customer an agreed rate detailed in the Handling and Delivery Rates Estimate quoted in advance and accepted by the customer: COBALPAC however reserves the right either to accept or refuse such special delivery conditions.
Complimentary shipping is offered on orders above €350 (before tax). For orders below this threshold, a contribution of €17 (before tax) will be added for shipping costs.
The Purchaser is required to check products at reception and notify immediately any written reserves and claims necessary. Written reserves and claims against the carrier whether regarding quantities or damage are the responsibility of the recipient, who is required for information purposes to send copies without delay to the Vendor of all documents drawn up by the recipient concerning the matter. The recipient must without delay notify all reserves and detailed observations on the carrier's delivery documentation. These must be confirmed in writing in accordance with the legal time limit (within three working days following reception in France), either by recorded delivery mail or delivered by courrier and signed for.
In the absence of written agreement between the customer and the COBALPAC Company to the contrary, payment for Goods will be made at Company Headquarters, in accordance with the following terms: Payment methods and deadlines will be negotiated and agreed by contract prior to the opening of customer account and are fixed according to liquidity criteria set by Vendor's finance department. Payment deadline is always counted from invoice date. Payment is effective only after cashing of the price or of any other payment order that does not of itself constitute payment. Cash settlement is required within 10 days of invoice date. Payment may be made by cheque or bank transfer or by PAYPAL. COBALPAC reserves the right at any time in accordance with the level of risk exposure incurred to limit the outstanding value of Customer’s unpaid invoices, modify payment methods and deadlines, and without delay cease business relations with the Customer in the event of payment defaults or failure to observe one or more of the conditions here outlined. Settlement by contractual payment date shown on the invoice is mandatory; non-payment shall result in the immediate application of the provisions listed in Article 1 which follows. 1.Penalties for failure to make payment by due-date – Any payment made effective after the due-date shown on the invoice: o Will be subject, as of the following day and until payment is made in full, to late-payment penalties calculated at one and a half times the legal interest rate (plus VAT). o Fully entitle Vendor to cancel any discount arrangements accorded, the balance for which the Customer shall immediately be invoiced. In the event that formal Notice to Pay is served to the Customer, the latter shall, in addition to the above provisions, be liable for interest on arrears at the legal interest rate (plus VAT) from the date of the Notice to Pay. Furthermore, the COBALPAC Company reserves the right to refer the matter to the Commercial Court of Angers (Président du Tribunal de Commerce d’Angers) that the latter may resolve the breach of payment on pain of a daily penalty. Additional charge for returned payment by Customer bank – Any returned payment by Customer bank for which Customer is responsible will result in immediate invoicing of a fixed charge of 17 Euros (before tax) to cover bank fees and administration costs arising from the incident. This figure is reviewed annually. No witholding of payment, no modification in the form of a corrective debit, no postponement of payment may be made by the Customer, for whatever reason, without our prior consent. Any request for signed receipt delivery or contestation of Customer invoice must be sent in writing directly upon reception of the invoice involved or, in all events, before contractual payment date. Beyond this date, any refusal to pay on this pretext shall be considered unjustified refusal to pay entailing the full application of Article 1 above. The provisions of Article 1 also apply to any signed receipt request, regardless of whether sent within the deadline, which turns out to be unjustified and a cause of late payment. In the event of late payment or partial payment at due date, in addition to the application of Article 1, deliveries will be suspended until full payment is made of principal sums, penalty payments, interest and costs. Penalty clause: A penalty clause shall apply such that all legal costs ensuing from collection of sums owing will be charged to defaulting Customer.
COBALPAC retains legal ownership of all Goods delivered until full payment is received: however, Purchaser is liable for all risks on delivery, the transfer of physical possession also transferring the associated risks. It is up to Purchaser to insure goods covered by these Conditions against loss, damage and theft, and inform COBALPAC of any measures taken by third parties involving aforementioned Goods. In the event of non-payment, the return of the Goods may be enforced following either a Notice to Pay sent by registered post, a contradictory inventory, or the appointment of a bailiff: Evasion by Purchaser will not be possible.
Placing of the order implies that Purchaser has ensured the goods ordered satisfy legal requirements regarding Purchaser products to be wrapped or packaged and that said goods are compatible with both the product and its manufacturing process. It is up to Purchaser to implement measures to ensure traceability of Purchaser products. Purchaser has sole responsibility for determining whether or not the goods are suitable for their projected use (regardless of whether or not said use be made known to Vendor). COBALPAC shall make certification regarding quality and food suitability available to Purchaser. The COBALPAC Company may not be held liable for a utilisation of Goods that does not comply with legal requirements or is incompatible with a Purchaser product.
Storage facilities for packaging delivered by COBALPAC must be suitable for cardboard products. The maximum usable life is 6 months. Where these conditions are not met and beyond the stipulated time limit, no claims relating to the guarantee will be accepted by COBALPAC.
In the event of a dispute regarding the interpretation or execution of their agreements, the parties will seek an amicable settlement before taking legal action and to this effect shall communicate all necessary information. Failing amicable settlement of the dispute within a maximum period of two months, the only courts with jurisdiction in the event of a litigation or dispute relative to the creation or execution of the order will be the courts of ANGERS. This clause applies even in the event of summary proceedings, incidental claims, multiple defendants, or appeals to guarantee, regardless of the mode or modalities of payment, and without the jurisdiction clauses existing on the buyer’s documents being able to present an obstacle for the application of the present clause. COBALPAC 18, Boulevard de L'Industrie 49000 ECOUFLANT SIRET: 47960233600022
