Terms and conditions of sale
Telephone reception
Monday to Friday, 9 a.m. to 17 h :
02 96 36 10 87
Control
Any order placed is only valid if confirmed by return mail or e-mail with the mention "Good for agreement", the date and the name of the customer, as well as the chosen method of payment (enclose RIB in case of payment by LCR). Good for agreement" implies acceptance of the GCS. Reduction of order quantities is only possible until January 15th of each year. After this date, the order will be invoiced in its entirety, unless expressly agreed otherwise.
Applicable rules
The present sale is governed by the present general conditions of sale and by the RUCIP rules and usages, latest edition, in all its provisions not contrary to the present general conditions. The buyer declares that he is familiar with all the rules and practices of the Inter-European Potato Trade and the Rules of Expertise and Arbitration instituted by the RUCIP code. All disputes will be submitted in France to the RUCIP arbitration commission based in Paris, place and arbitration commission expressly agreed, this commission will be the only one competent for first and second degree arbitrations. In the event of conflict between the general terms and conditions of sale of S.C.I.C. DOUAR DEN/BIO-PLANTS and those of RUCIP, the general terms and conditions of sale of S.C.I.C. DOUAR DEN/BIO-PLANTS shall prevail.
Execution of Sales Contracts
Our goods comply with the applicable laws and regulations in force. Any damage, waste, frost risk, or loss in transit shall always be borne by the carrier.
Claim
Any dispute relating to our sales, for whatever reason, must be sent to us by post or e-mail within 48 hours of the date of delivery. Complaint deadlines are governed by the provisions of article 28 of the RUCIP rules and practices. Any complaint concerning seed potatoes must be made before planting, and is only admissible if the goods have been correctly received and stored. Upon receipt of the goods, the buyer must provide a clean, well-ventilated, frost-free location. It is agreed and accepted as a special condition that climatic conditions, the nature of the soil, cultivation methods, storage conditions, etc. have a determining and preponderant influence on the results. DOUAR DEN declines all responsibility for any losses the customer may suffer. Under no circumstances will DOUAR DEN be entitled to claim compensation in excess of the value of the goods. Delivery times are given for information only. Delays in delivery may not give rise to any penalty or indemnity, nor be grounds for cancellation of the order. They may not give rise to damages. All claims must be accompanied by certificates of origin, delivery notes and consignment notes. In the event of alteration of the goods during transport by DOUAR DEN, the complaint must be specified on the consignment note in the presence of the driver. The customer must take photographs of the goods and send them to us on the day of delivery.
Payment
Unless otherwise specified, our goods are payable
to S.C.I.C. DOUAR DEN/BIO-PLANTS on receipt of plants (for payment by cheque or bank transfer) or 30 days end of month after delivery date for payment by LCR. For all orders, full or partial payment may be required. Validation of the order will be effective once payment has been received. No discount will be granted for early payment. Acceptance of an order is subject to a guarantee of the customer's solvency. DOUAR DEN reserves the right, in the event of doubt as to solvency or dispute with the other party, to require payment in cash with the order. Any deterioration in the customer's financial situation, whatever the cause, will result in immediate application of the comptant payment. Failure to pay on time will result in the application of penalties of three times the legal interest rate and a flat-rate indemnity for collection costs of €40. Interest is applicable from the date of formal notice. Penalties and interest are automatically payable and will be automatically debited from the customer's account. Failure to pay will result in the suspension of all further deliveries until all sums due have been paid.
The Other part wishing to obtain VAT-free invoicing must provide DOUAR DEN with: the DAU, the CMR approved by all parties involved, or the tax certificate from the tax authorities authorizing the Other party to make VAT-free purchases. In the event of non-compliance with this rule, DOUAR DEN will apply VAT at the legal rate in force.
Reservation of ownership
S.C.I.C. DOUAR DEN/BIO-PLANTS retains full ownership of the goods sold until full payment of the purchase price has been received, in accordance with the provisions of the Law of May 12, 1980 and all subsequent applicable legislation. However, the buyer shall bear all risks of loss or damage to the goods, as well as any damage they may cause, from the moment they leave our facilities (in the case of pickup) or from the time of delivery (in the case of transport arranged by DOUAR DEN).
Jurisdiction
In accordance with the provisions of Article 31 of the RUCIP Rules and Practices, any disputes arising from this contract shall be settled exclusively by the RUCIP Arbitration Committee in Paris, which shall have sole jurisdiction in both first and second instance. By express agreement, the parties additionally recognize the exclusive jurisdiction of the Commercial Court of Saint-Brieuc, in its capacity to rule on the merits, in summary proceedings, or by injunction, for any disputes relating solely to the payment of invoices, including principal amounts, costs, interest, and ancillary charges.In such cases, only DOUAR DEN shall have the right to choose between arbitration and commercial court proceedings. Head office: S.C.I.C. DOUAR DEN/BIO-PLANTS - Z.A. du Ruellou - 22480 Saint-Nicolas-du-Pélem - FRANCE.
Restricted harvest clause
All sales by SCIC DOUAR DEN are subject to the quality and yield of the harvest. If, due to a disappointing harvest in terms of quantity, quality of plants, including rejections by competent bodies, fewer products are available, DOUAR DEN reserves the right to modify orders placed accordingly.
