(Effective as from January 1st 2024)

Article 1 : APPLICATION ET OPPOSABILITY

The present general sales conditions (hereafter G.S.C.) apply without reservation to all orders addressed to the company PCB CREATION (hereafter PCB CREATION) and this notwithstanding any information to the contrary which may appear in a document of any kind from the Customer, except if that these measures were expressly and previously accepted by PCB CREATION. The fact that PCB CREATION did not, at any time, assert any of these conditions cannot be interpreted as constituting a waiver to invoke it at a later date.

These Terms and Conditions supersede those previously issued. They may be amended at any time by PCB CREATION without notice, provided that such amendments will not apply. to orders previously accepted

Article 2 : SALES TRAINING

The Customer accepts in fact these Terms and Conditions as soon as he entrusts PCB CREATION, directly or indirectly, with verbal orders by fax, e-mail or EDI. Unless otherwise specified by PCB CREATION within a maximum period of 48 working hours upon receipt of the order, this will be considered as final and shipped within the period agreed with the Customer and indicated by PCB CREATION in the order confirmation

The order cannot be modified unless special agreement is given by PCB CREATION. Any change in the terms of the order will likely result in a change in prices and/or delivery times. The Customer may oppose these changes within a period of 24 working hours as regards to the French regulations terms. Otherwise, they will be considered accepted and the order will be final and shipped according to the new terms. 

Article 3 : DELIVERY OF GOODS

The delivery periods, if any agreed between the Parties are given as an indication within the limits of available stocks and according to the availability of supplies and according to the Customer’s requests, unless expressly committed on firm dates between PCB CREATION and the Customer. In the absence of such an undertaking, any overrun of time may not give rise to damages, deductions or cancellation of outstanding orders and/or refusal of delivery of all or part of the products, unless PCB CREATION makes a serious mistake, which nevertheless obliges itself to warn the Customer of any delay. . In any case, timely delivery can only take place if the Customer is up to date with its obligations towards PONTHIER. In addition, any mandatory deadlines do not begin to run until the date on which one the Customer’s order is final as set out in Article 2 hereof.

The risk transfer will be determined according to the chosen delivery method. If the transport is carried out by a company mandated and paid by the Customer, the transfer will take place on the day the carrier takes over in PCB CREATION’s warehouses.

Article 4 : PRICE

The prices applicable are those in force on the order departure date. Prices are in Euros excluding VAT, applicable taxes as well as other charges will be charged in addition. The transport or other costs (legalisation costs, customs clearance costs, insurance costs, etc.) are agreed at the time of the final order and indicated in the order confirmation.

Invoices are payable at 30 days, invoice date, unless otherwise agreed with the Customer and indicated on the invoice. No advance payment discount will be applied. PCB CREATION reserves the right to request an advance payment for any new Customer and/or Customer who has experienced payment incidents.

In accordance with the provisions of Article L441-10 of the French Commercial Code, any late payment will result in the automatic application of late penalties of an amount equivalent to 3 times the legal interest rate in force. In addition, the Customer in case of late payment is automatically debtor, in respect of PCB CREATION, of a lump sum compensation for recovery costs, the amount of which is fixed under the provisions of article D441-5 of the French Commercial Code (40 Euros to date).

Article 5 : RESERVATION CLAUSE AND PROPERTY

In accordance with the provisions of Article 2367 of the Civil Code and within the framework of the provisions of article L624-16 of the French Commercial Code, PCB CREATION remains the owner of the delivered products until full payment of the invoice, which is acknowledged and accepted by the Customer. The risks, theft, loss or damage of the goods as well as the damage they may cause lie however on the Customer as soon as they are made available.

In the event of a claim, the recovered goods will be estimated the last invoiced and will be taken back up to the amount of the unpaid invoices.

Article 6 :  FAULT IN DELIVERY OR NON COMPLIANCE OF PRODUCTS

In the event of damage or missing items, the Customer or any other person designated by him as consignee must, upon delivery, take all the necessary reservations with the carrier, clearly mentioning them on the transport documents (airwaybill, bill of lading ...) and immediately inform PCB CREATION.

The absence of any reservation on the transport receipt, or any late discussion exceeding the deadline set forth in Article L133-3 of the French Commercial Code, will invalidate the claim.

Any product return or product destruction must be the subject of a formal agreement between PCB CREATION and the Customer. Any product returned without this agreement will be held at the disposal of the Customer and will not give rise to a credit note. The costs and the risks of return are always the responsibility of the Customer, except agreement confirmed by PCB CREATION. Any return accepted by PCB CREATION will result in the issue of a credit note to the Client, after quantitative and qualitative verification of returned products. 

In the event of nonconformity of the delivered products, the Customer will have to allow PCB CREATION to inspect the goods, and if the non-conformity is proven for causes not inherent to the Customer, the Customer will be able to obtain the free replacement, or the reimbursement of products, and excluding any compensation or damages

In any case PCB CREATION can be responsible for defects and deterioration of the delivered products resulting from abnormal or non-compliant conditions of storage, handling, storage and / or use after their delivery; including the responsibility of PCB CREATION can not be engaged in the following cases: 

- Degradation of the products resulting from the overrun of the maximum duration of consumption or the date of minimum durability; 

- Damage or accidents resulting from negligence, lack of supervision or maintenance; 

- Non-compliance with food hygiene standards and, in general, mandatory norms in consumer law; 

- Damage resulting from modifications, incorporations or transformation of products; 

- Damage to products or packaging subject to abnormal conditions.

Article 7 : PROPRIETE INTELLECTUAL PROPERTY / CONFIDENTIALITY

The brand PCB CREATION is a protected brand, selling the products does not constitute in any case a transfer of any propriety on this brand, what the customer admits and accepts. The Customer forbids itself to especially propose for sale an uncompliant product or a product unsafe for consumption

All the production or business processes and secrets, as well as all specifications and all financial, commercial or technical information, know-how, reports or other information of all kinds linked directly or indirectly with the Business of the Parties which would be given by one to the other for a purpose of negotiation and for the execution of the present sales conditions, or which the Parties would get at this occasion, will be considered as strictly confidential by both Parties, not only during their contractual relation but also after its termination. The Parties shall abstain from disclosing any information in any way or for any reason, and from using them for any other purposes than these expected in the contract. The Parties commit themselves to take all the necessary measures to ensure the respect of the obligations resulting from the present dispositions by any employees, representative agents or partners.

Article 8 : PERSONAL DATA

PCB CREATION can be led to collect personal data of its suppliers and commercial partners within the scope of the orders treatment. These personal data are collected in order to ensure the management of its contracts, the invoicing, the bookkeeping, the prevention of the outstanding debts and potential disputes, the constitution of a file of suppliers/commercial partners.

The implementation of these treatments aims at meeting the legal and contractual obligations of PCB CREATION as a trader. They also enable PCB CREATION, in its legitimate interest, to easily contact all companies which could provide services or with which it has a commercial relation

The personal data of the Customer are passed on to the members of the authorized Departments (such as the members of the Accounting Department, Sales Department, Customer Service Department…). The Customer can exercise its rights and ask for the communication, the rectification or the deletion of its data. 

All these rights can be directly exercised to the following address : pcb.creation@pcb-creation.fr

Article 9 : APPLICABLE LAW AND JURISDICTIONAL CLAUSE

The orders of PCB CREATION  are governed by the law of France. In case of dispute of any kinds or contestation about the constitution, the interpretation or the execution of all the orders placed under the present G.S.C., the Court of Commerce of Strasbourg shall be the sole competent jurisdiction.