General Terms and Conditions of Sale
ATYPI – Effective as of 1 July 2020
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale constitute, in accordance with Article L.441-1 of the French Commercial Code, the sole basis of the commercial relationship between the Parties.
Their purpose is to define the conditions under which ATYPI (the “Supplier”) supplies professional buyers (“the Buyer” or “the Buyers”) who request them, via the Supplier’s website, by direct contact or by paper-based means, with products intended for product labelling such as display labels, tray picks, bases, etc. (the “Products”).
They apply without restriction or reservation to all sales concluded by the Supplier with Buyers of the same category, regardless of any clauses that may appear in the Buyer’s documents, in particular its general purchasing conditions.
In accordance with applicable regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, in order to enable them to place an order with the Supplier.
They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement referred to in Articles L.441-3 et seq. of the French Commercial Code, within the statutory time limits.
Any order for Products implies the Buyer’s acceptance of these General Terms and Conditions of Sale and of the general terms of use of the Supplier’s website for electronic orders.
Information contained in the Supplier’s catalogues, brochures and price lists is provided for information purposes only and may be revised at any time. The Supplier reserves the right to make any changes deemed useful.
ARTICLE 2 – PRODUCTS OFFERED FOR SALE
The Products offered for sale on the website atypi.eu are intended for product labelling, such as display labels, tray picks, bases, etc.
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website atypi.eu.
The Customer is required to review them before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Photographs and graphics shown on the website atypi.eu are not contractual and shall not engage the Supplier’s liability.
The Customer is required to refer to the description of each Product in order to be aware of its properties, essential characteristics and delivery times, and, where applicable, the minimum duration of the contract offered in the case of continuous or periodic supply.
Contractual information is presented in French and is confirmed at the latest at the time the Customer validates the order.
In the event of an order to a country other than mainland France, the Customer shall be deemed the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas territories, prices shall automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes, import duties or state taxes may be payable. They shall be borne by and remain the sole responsibility of the Customer.
ARTICLE 3 – VALIDITY PERIOD OF PRODUCT OFFERS
Product offers are valid while stocks last, as specified at the time the order is placed.
ARTICLE 4 – ORDERS – PRICES
4.1
Sales shall only be deemed final after express written acceptance of the Buyer’s order by the Supplier, who shall in particular verify the availability of the requested Products, as evidenced by an automatic email acknowledging receipt of the order.
Orders must be confirmed in writing by means of a purchase order duly signed by the Buyer.
The Supplier provides electronic ordering methods (including acceptance and confirmation), enabling the Buyer to order Products under optimal conditions of convenience and speed.
For orders placed exclusively online, the order is recorded when the Buyer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
Order acknowledgement and acceptance are confirmed by email. Data recorded in the Supplier’s IT systems constitutes proof of all transactions concluded with the Buyer.
The Supplier reserves the right to cancel or refuse any order from a Customer with whom there is an ongoing dispute relating to payment of a previous order.
4.2
Any modifications requested by the Buyer may only be taken into account, subject to the Supplier’s capabilities and at its sole discretion, if notified in writing within 24 hours of order confirmation and no later than the dispatch of the shipment confirmation email.
4.3
Requests for cancellation by the Buyer may only be taken into account, subject to the Supplier’s capabilities and at its sole discretion, if notified in writing within 12 hours of order confirmation and no later than the dispatch of the shipment confirmation email.
4.4
Products are supplied at the Supplier’s prices in force on the date the order is placed, and, where applicable, in accordance with the specific commercial proposal sent to the Buyer. These prices are firm and non-revisable during their validity period.
Prices are net, exclusive of tax, ex works, packaging not included. Transport costs, customs duties and insurance remain payable by the Buyer.
Specific pricing conditions may apply depending on the Buyer’s requirements, in particular delivery terms and times or payment terms. A specific commercial offer will then be issued by the Supplier.
ARTICLE 5 – PAYMENT TERMS
5.1 Orders placed directly with the Supplier
A deposit equal to 40% of the total purchase price may be required at the time the order is placed.
The balance shall be payable in full upon delivery.
The Supplier shall not be required to deliver the ordered Products if payment has not been made under the conditions set out above.
Accepted payment methods:
- Credit cards: Visa, MasterCard, American Express, and other cards for online orders via atypi.eu
- Bank transfer or cheque for direct or paper-based orders
Late payment penalties, compensation for recovery costs (€40), retention of title, suspension of deliveries, and prohibition of set-off shall apply in accordance with Articles L.441-10 and applicable provisions of the French Commercial Code.
5.2 Orders placed exclusively via the website atypi.eu
Validation of the order implies full acceptance of these General Terms and Conditions of Sale, including the payment terms defined in Article 5.1.
5.3 Retention of title clause
Ownership of the Products remains with the Supplier until full payment has been received. Risk transfers to the Buyer upon delivery.
ARTICLE 6 – DISCOUNTS AND REBATES
The Buyer may benefit from discounts and rebates depending on quantities ordered or order regularity, in accordance with the Supplier’s pricing conditions.
ARTICLE 7 – DELIVERY
Delivery shall occur within a maximum period of 8 days from receipt of the duly signed order and deposit or order confirmation via the website.
Delays of up to 30 days shall not engage the Supplier’s liability.
The Buyer must inspect Products upon delivery and notify any reservations in writing within 24 hours.