The general terms and conditions of sale detailed below outline the rights and obligations of the company JPemBall and its customer in the context of the sale of the following goods :
Any service provided by the company JPemBall thus implies the buyer’s unconditional adherence to these general terms and conditions of sale.
The prices of goods and services sold are those in effect on the day of the order. They are in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate on the day of the order (for any sale subject to it) and transport costs (if necessary). The company JPemBall reserves the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
No discount will be granted in the event of early payment.
Payment for orders is made :
Upon registration of the order, the buyer must pay a deposit of 40% of the total amount of the invoice, the balance of which must be paid before the goods are shipped (or according to any specific condition negotiated and agreed upon by JPemBall).
In the event of total or partial non-payment of the goods delivered by the due date, the buyer must pay JPemBall a late penalty equal to 1.5% of the total amount of the invoice per month of delay (incremented and cumulative per additional month of delay).
From January 1, 2015, the legal interest rate may be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the inclusive tax amount of the amount remaining due and runs from the due date of the price without any prior notice being required.
In addition to the late indemnities, any sum, including the deposit, not paid by its due date will automatically result in the payment of a fixed indemnity of 40 euros due for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
If within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the amounts due, the sale will be automatically terminated and may entitle JPemBall to damages.
JPemBall retains ownership of the goods sold until full payment of the price, principal, and accessories. As such, if the buyer is subject to receivership or judicial liquidation, JPemBall reserves the right to claim, as part of the collective proceedings, the goods sold and remaining unpaid.
Delivery is made :
The delivery time indicated when registering the order is given for information only and is not guaranteed in any way.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to :
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days following delivery, by registered letter with acknowledgment of receipt.
JPemBall liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a force majeure event. As such, force majeure means any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the commercial court of Orléans (45130, France).
