General terms and conditions of sale

Joubert Saint-Jean-d’Angély

Validity date: 1^st January 2024

1: Foreword

These terms and conditions of sale are brought to the notice of our customers by our acknowledgements of order receipts, our delivery notes and our invoices.
Our customers are deemed to have read the terms and conditions of sale upon receiving them.
The signature of the acknowledgement of order receipt or the delivery note by our customers constitutes their unconditional acceptance of these general terms and conditions of sale.
These terms and conditions of sale are not likely to be amended by stipulations in documents from our customers with these stipulations being considered to be revoked by the conclusion of the contract.

2: Orders

Orders we have saved and for which an acknowledgement of receipt has been sent are firm and irrevocable. Acknowledgement of receipt of an order implies definitive conclusion of the contract.
Orders placed by our Agents, Representatives or Resellers are only deemed definitive following our express confirmation of the order.

3: Delivery deadlines

Delivery deadlines are given as an indication only and are not guaranteed.
Late delivery does not allow our customers to cancel their order or to refuse acceptance of goods, and does not entitle them to compensation.
Lead times start from the date on which we acknowledge receipt of the order.
They are legally extended over the annual period of closure of our factories for statutory paid holidays.
We shall not be held liable if a delivery is late or prevented by force majeure or unforeseeable circumstances, by our customers, a third party or reasons outside of our control such as social unrest, intervention by civil or military authorities, natural disasters, fires, water damage, or telecommunication or electrical network outages.

4: Transportation and acceptance

Our goods travel at the risk of our customers who are responsible for checking the goods upon delivery.
The quality, quantities and reference numbers of the goods shall be checked along with their conformity with the order. Any claims must be received within three days of signature of the delivery note,
and shall be made in writing by registered letter with acknowledgement of receipt.
Goods that are found to have a recognised non-conformity, reported within the aforementioned time frame, shall be replaced or reconditioned, with the exclusion of any form of compensation.

5: Prices

Our prices are based on the current rates at the time of pricing.
They may be changed without notice.
We reserve the right to change our prices based on substantial variations in the prices of raw materials and other economic and social impacts.
The price invoiced will therefore be the price in force at the time of dispatch.
Unforeseen tax or social charges will be the subject of supplementary invoices.

6: Payment

Our invoices shall be paid to SAINT-JEAN D’ANGELY. We retain the right to ask our customers for their domicile and the acceptance of our goods as well as any approval or guarantee that we deem necessary.
The failure by our customers to observe the terms and conditions of payment will result in the cancellation of their saved orders, including those being delivered.
Late payment penalties are equal to the the most recent refinancing rate of the ECB plus 10 points, to which a flat-rate compensation payment of 40 euros will be added for recovery costs.

7: Guarantee

We reserve the right, even after partial dispatch of an order, to ask our customers for the guarantees that we deem necessary to ensure that commitments are met. The refusal of our customers to comply with this request gives us the right to cancel all or part of their order along with their other saved orders.

8: Retention of ownership

Ownership of goods shall only be transferred to our customers upon receipt of payment in full of their price in principal and interests. The goods will remain our property until we receive payment of their price in full. However, our customers will become liable for the goods upon signature of the acknowledgement of receipt for the order or the delivery note, which will result in transfer of risks to customers. Upon signature of one of the aforementioned documents, our customers therefore agree to take out insurance against risks of loss, theft or destruction of the designated goods.
In the event of the occurrence of one of these risks, our customers will owe, by way of a penalty clause, compensation equal to 15% of the initial invoice amount for the goods sold.
Deposits paid by our customers will be held as a precaution to partially or fully cover losses of goods, goods transport and collection fees and the compensation due based on the penalty clause.
In the event of non-payment by the settlement date, the contract will be terminated ipso jure at our written request by registered letter to the customer. Unpaid goods shall be returned by the customer at the own cost and risk following our final demand by registered letter.

9: Applicable law and jurisdiction clause

Sales made by our company and these general terms and conditions of sale are subject to French law.
For any disputes relating to sales made by our company and the application and interpretation of these general terms and conditions of sale, the Commercial Court of SAINTES will have sole jurisdiction.

10: GDPR

Personal data collected will be processed by a computer in particular intended to manage commercial relations within the context of the supply of our goods. The type of data collected includes personal and professional contact details. The recipients of the data are department personnel authorised to deal with commercial relations and the processing of orders, and any subcontractors in compliance with French law.
In compliance with the General Data Protection Regulation, all persons have the right to access, rectify, erase, restrict the processing of, port, and object to the processing of their data by contacting Joubert Saint-Jean d’Angély SAS – Rue Lafaurie – 17416 Saint-Jean d’Angély Cedex.

11: EPR

VALOBAT membership: FR334104 04WODO Unique identifier assigned by ADEME (French ecological transition agency) to JOUBERT SAINT-JEAN D’ANGELY registered under Siret number 34111170600022.

This unique identifier certifies the company's conformity to its extended producer responsibility (EPR) obligations as indicated in article L.541-10 of the Environment Code for building material and product categories on the market.