Conditions of sale B2B

Promoseeds Department - Radis and Capucine Company

The signature of this quotation is a firm commitment of the order.

Description of products

The products are distinguished by a unique reference and are offered with standard packaging. Any specific packaging will be subject to a quote.

Germination

The seeds provided are guaranteed to germinate and be pure according to legislation (FIS and GNIS standards) and germination varies between varieties. RADISH AND CAPUCINE cannot be held responsible for the result after germination. In case of dispute, only an official certificate of purity and germination issued by the National Seed Testing Station (SNES) will be valid.

Obligation of means

Our advice, suggestions, vegetation cycles, cooking recipes, manufacturing processes are only indicative, they are the result of our observations and our experience. They cannot constitute contractual commitments or guarantee results.

Intellectual property

Our models are registered with the INPI. Any reproduction or copy is prohibited under penalty of prosecution.

Selling price 

- Products in stock: Prices are indicated on the websites (VAT included for radisetcapucine.com and bijouvegetal.com and HT for promoseeds.fr). Prices are determined by season (from 1st January to end of July and from 15th August to end of December). In the event of an excessive increase in raw materials, Radis et Capucine reserves the right to change its selling prices without notice.

- Customized or custom products: Offer on quotation valid 1 month, beyond , consult us. The technical costs of customization of the graphic studio include the sending of matrices, crop modes and legal notices, the recovery and verification of your customization elements.

> The print matrix is provided by us upon receipt of your order confirmation.

> Graphic composition made by you otherwise Package graphic creation: 50 € HT the hour - 1/2 day 200 € - 1 day 380 € - 2 days 750 euros.

> For any offset printing a colour proof validated with stamp and signature must be provided by the customer. Failing this, Radis et Capucine is released from any responsibility regarding the compliance with chromium.

> Proof not required for digital printing

Conditions applicable to the order 

Acceptance

The signature of the quotation is a firm commitment to order on the part of the buyer. Except special and written agreements, any order carries full right on the part of the buyer, its adherence to our general conditions of sale, notwithstanding any stipulation to the contrary contained in its own general conditions of purchase.

Orders that are sent directly to us by our customers or transmitted by our agents or representatives are only binding for our house when they have been confirmed in writing.

The order confirmation specifies the description of the products, the unit price excluding tax, the applicable VAT, the quantity, packing, the % of discount possible, the requested delivery date, the terms of payment.

Without any comments from the buyer, the order confirmation and all its terms are deemed accepted.

Any delivery of products entails, unless otherwise notified, acceptance of reproduction of the model and logo in commercial printed matter of our company.

Change-Cancel

In case of order modification, the sums committed and not cancellable are due by the customer.

In case of cancellation of order before preparation and dispatch of the order:

> for products in stock: cancellation possible

> for custom-made products: invoicing of the costs incurred and of the non-reusable perishable materials. The deposit paid is not returned.

Processing time 

It depends on the current order book, the date of receipt of the order and the stock of products. It can not be less than 10 working days for products in stock and 3 weeks validation date of the BAT for custom products and is confirmed on the order form. Catalogue products are available until stocks run out.

Regulation dpt. Promoseeds. Deposit of 30% on order, balance to 30 days, by transfer, subject to acceptance by our credit insurance company. The order will be processed after receipt of the deposit. If credit coverage: 50% to the order, the balance received before departure. The maximum payment period is 45 days end of month after invoice date when it is stipulated by contract and does not constitute a manifest abuse against us.

Retention of title 

The delivered goods remain our property until full payment of the invoice (law of 25/01/85).

Interest on late payment (Art L.441-10, II.C.com): Any delay in payments automatically and without notice entails the payment of interest on late payment at a minimum rate equal to 3 times the legal interest rate in force. In the event of late payment, we reserve the right to suspend or cancel pending orders without prejudice to any other remedy.

Default: Failure to pay a maturity will result in the entire debt being due without further notice

Lump-sum recovery allowance (Art L.441-10, II.C.com): If the collection of the debt involves our litigation department, this is increased by a minimum of 40 euros or 10% on all amounts owed, to cover the costs of litigation.

Delivery

- Receiving suppliers: In free purchases, the supplier is responsible for the proper delivery and compliance with the delivery time to Radis et Capucine. In ex-works purchases, Radis et Capucine has a carrier mandated by the supplier who makes available the goods, packaging and pallets lost.

- Delivery Customer: In free sale, Radis et Capucine is responsible for the proper routing to the delivery address. A Franco delivery is understood in metropolitan France (excluding islands and overseas departments), with a minimum order, one address and at once, on lost pallet. Any other request for delivery is made on quotation and the use of pallet Europe will be done on an exchange principle.

If all or part of the delivery address is incorrect, Radis et Capucine cannot be held responsible for a delay in the delivery time of the ordered product and the consequences on the condition of the products received by the recipient, in particular for live plants.

Printing tolerance: Printing industry conditions are applied and a printing tolerance is allowed on delivery: +/- 5%.

Force majeure: In the event of force majeure or loss, delivery may be delayed in time or cancelled and refunded.

Return of products 

- Claim: Upon receipt, the products must be unpacked and checked. The mention “subject to unpacking” is not accepted. Any complaint must be made within 5 days after receipt of the products. Except for plants, this period is 2 days. The amount of the claim may not be in any case higher than the amount of the order.

- Non-conformity: broken, defective products are replaced by an equivalent product. An incomplete product or a product with an expired material is subject to the return of the defective material at our expense.

- Choice of domicile and jurisdiction: The choice of domicile is made by the company venderesse

Radis et Capucine SAS – 42 Rue des Perreyeux – ZA du Cormier – BP 50116 – 49803 Trélazé Cedex

Siret: 32387333100033 - VAT: FR08323873331 at its head office. In case of dispute concerning the execution of a sales contract or payment of the price, as well as in case of dispute regarding the interpretation or execution of the above mentioned clauses and conditions, the Commercial Court of Angers will be the sole competent authority regardless of the place of delivery, the accepted method of payment and even in case of a guarantee appeal or multiple defendant