Article 1 - Object
The purpose of these general conditions of sale is, on the one hand, to inform any potential customer of the conditions and terms in which the seller PACA ENVIRONNEMENT ("PACA") carries out the sale, installation and delivery of the products ordered and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by PACA to the customer (“The Customer”). They apply, without restriction or reservations, to all sales, products and services offered by PACA. The products and services are offered for sale in the following geographic territories: Monaco and mainland France (including Corsica). For the purposes of these General Conditions of Sale, the Customer and PACA are individually or collectively referred to as “the Party” or “the Parties”. The Customer, prior to placing his order, declares that he has full legal capacity, allowing him to commit to these general conditions of sale. PACA reserves the right to modify these general conditions of sale at any time. However, the General Conditions of Sale applicable to the order placed by a PACA Customer are those accepted by the Customer at the time of placing such an order.
Article 2 - Identity of the Company
PACA ENVIRONNEMENT SARL
Address: 1, rue du Gabian - Le Thalès - 98000 MONACO RCI: 14S06464.
Article 3 - Prices, rebates, rebates, discount
The sales prices in euros for PACA's products and services are those in force at the time the purchase order is signed by the Customer. The sales prices of products and services may be modified by PACA at any time. This modification will be notified to the Customer before any order. Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold by PACA.
3.2 Product characteristics
The Customer can, prior to his order, take note of the essential characteristics of the product(s) and/or services he wishes to order. The offers presented by PACA are valid while stocks last. For products not stored in its warehouses, the offers presented by PACA are valid subject to their availability. PACA may modify the assortment of products offered for sale, depending in particular on the constraints linked to its suppliers, without prejudice to orders placed by the Customer, it must nevertheless have the written agreement of the Customer.
Any order assumes adherence to these general conditions of sale, without prejudice to any specific contractual conditions concluded between the Parties. The Customer has the possibility of checking the details of his proposed order and correcting any errors. From the moment the Customer confirms his order, he is considered to have knowingly accepted these general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered by the Customer. PACA recommends that the Customer keep the information contained in the order confirmation sent by PACA on a paper or computerized document.
Article 4 – Payment
All orders are payable in euros, all taxes and compulsory contributions included. The Customer guarantees to PACA that he has the necessary authorizations to use the payment method he has chosen for his order, when registering his order form. Default payment deadlines are stipulated on the quote and/or purchase order. PACA reserves the right to suspend or cancel any execution of an order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which may be due by the Customer, in the event of of a payment incident, or in the event of fraud or attempted fraud. Penalties of an amount equal to three times the legal interest rate are automatically applicable to amounts including tax unpaid after a period of ten days following the payment date or upon notification of bank payment rejection for any other means of payment. The reference interest rate is that applied by the European Central Bank to its most recent refinancing operation increased by ten points. A fixed compensation of €40 (forty euros) for recovery costs will be added to the late payment penalties. Delivery of any new order may be suspended in the event of late payment or partial payment of a previous order, notwithstanding the provisions hereof. PACA reserves the right to request a photocopy of an identity document and a KBIS extract for any payment by company bank check. Payment of invoices is made by check, LCR or bank transfer.
Article 5 - Force majeure
PACA's liability cannot be called into question if the non-execution or delay in the execution of one of its obligations described in these General Conditions results from a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event.
Article 6 - Product delivery and start of work
6.1 General rules
The reference incoterm for the delivery of products is DAP (Delivery At Place), it will be applied unless agreements are specifically stipulated on the order form or contract. Delivery and/or start of construction times are indicated on the order form. The products or services subject to a final order from the Customer under the conditions described in article 3.3 above will be delivered or installed to the address indicated by the Customer on the order form. By default, purchase invoices are sent by email to the email address indicated by the Customer, or failing that by post. If contractual conditions are not respected, no complaint from the Customer will be accepted.
6.2 Characteristics of delivery and site acceptance
Upon receipt of the delivery or upon acceptance of the site, an acknowledgment of receipt or end of site report must be signed by the Customer or his representative. The Customer or the manager designated by the Customer is invited to check the apparent condition of the products delivered and/or installed. In the presence of an apparent anomaly (damage, missing product compared to the delivery note, poor workmanship.) noted during delivery or acceptance of the site in the presence of the carrier or the team leader, the Customer must report the damage or shortcomings. observed, and formulate any complaints or reservations with our customer service and/or refuse delivery or signature of the end of construction report. Complaints must be confirmed by registered letter within five days.
6.3 Exceeding the planned delivery/installation date
The Customer may exercise the right to cancel his order for a delay in delivery/installation exceeding ten working days from the time the maximum time indicated for delivery of the products or installation is exceeded, except force majeure. In the case of payment of a deposit, the totality of the sums paid by the Customer will then be returned to him if the entire order is returned or no work started or pro rata in the case of a partial cancellation, in the form of a refund , as soon as possible and at the latest within eight days following the date on which the Customer exercised his right to obtain the cancellation of his order.
Article 7 - Reservation of ownership
PACA retains full and complete ownership of the products sold and/or installed until full payment of the price, in principal, fees, taxes and mandatory contributions included. PACA will exercise its right of ownership over the material if the payment requests are unilaterally deemed unsuccessful. If the Client were to be subject to reorganization or judicial liquidation, PACA reserves the right to claim, as part of the procedure; goods sold and/or installed which remained unpaid.
Article 8 – Liability
PACA cannot be held responsible for any direct or indirect damage which may arise as a result of the purchase of the products. Likewise, PACA's liability under the obligations of these General Conditions of Sale cannot be incurred in the event of the occurrence of a force majeure event as defined by the Monegasque courts.
Article 9 - Partial non-validity
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain all their strength and reach.
Article 10 - Non-waiver
The fact of one of the parties not claiming from the other party a breach of any of the obligations referred to in these general conditions of sale cannot be interpreted for the future as a waiver to the obligation in question.
Article 11 - Applicable law and competent jurisdiction
Sales of PACA products are subject to the Monegasque Commercial Code. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between PACA and the Client, even in the event of multiple defendants, will, in the absence of an amicable agreement, be within the exclusive jurisdiction of the courts. of Monaco.
Article 12 - “Computers and Freedoms”
The personal data collected by PACA during any order from the Customer are necessary for the management of their order by PACA and its service providers and may be used, subject to the rights exercised by the person concerned, in order to inform them of the products or services provided by PACA. In accordance with the “Informatique et Libertés” law, the Customer and the recipient of an order have the right to access and have data concerning them processed by PACA rectified or deleted, as well as the right to object to the processing of this data for direct commercial prospecting purposes. By default, these rights are exercised with PACA by mail addressed to PACA Customer Service. By placing an order with PACA, the Customer can also be informed of PACA's offers by e-mail, unless they object. If the Customer no longer wishes to receive these information messages, he or she can notify PACA at any time by post or by e-mail to our Customer service.