Ateliers LR ETANCO General Terms and Conditions
Version: January 2024 (supersedes any prior version)
)
1. Contractual scope:
These general terms and conditions (hereinafter the “T&C”) will govern all contracts pertaining to the provision or sale of goods and/or services (hereinafter the “Products”) by Ateliers LR ETANCO (hereinafter “the Supplier”). Unless otherwise agreed in writing, a contract may not be subject to any other stipulation, whether implicit or explicit, resulting from custom, practice or use of the business, the customer’s general conditions of purchase or any other document made out by the customer.
Any service or delivery made by the Supplier implies the unreserved acceptance of the customer (hereinafter: the “Customer”) of the T&C. Information, photographs, prices and descriptions appearing in catalogues, brochures, CD-ROMs, websites or, more generally, on any commercial document are provided for information purposes and are not contractual.
The Seller reserves the right to change the GTC at any time. Any new version of the GTC will automatically replace the previous version
2. Order:
2.1 Any order from the Customer must specify the references of the goods, their quantities (or at least the minimum and maximum quantities), and the desired deadline. The contract is only valid subject to an agreement on the price and the express and written acceptance of the order by the Supplier.
2.2 All orders are binding and final. Any modification to an order requested by the Customer is subject to the express and written acceptance of the Supplier, which may be subject to a change in price. The order cannot be cancelled without the agreement of the Supplier, and in this case, the Customer will compensate the Supplier for all expenses incurred and for all resulting direct and indirect consequences.
2.3 Except for legal warranty cases, in the event of the sale of Products from the catalogue, the Products may only be returned with the express and prior agreement of the Supplier. Orders involving special manufacture or a total value of less than €250 excl. VAT may not be returned.
For eligible Products, in the event that the Supplier has consented to their return, the Customer must return the Products at their own expense (except for returns due to a quantity error attributable to Etanco) and risk. The Products must be returned in perfect condition, protected or in their original packaging, within 15 days of notification of the Supplier’s agreement to this return. The return gives rise to a refund, equal to a maximum of 80% of the invoice value, which is set after inspection at the Supplier’s premises. In any case, no return will be accepted beyond a period of one month from delivery for Products with an expiry date, and three months for others. The Seller reserves the right to make any change to the Products, to suspend or discontinue any Product or any range of Products, without the Customer being entitled to claim any right to compensation. However, the Seller undertakes to fulfil orders placed prior to the suspension or discontinuation of the Product or range of Products in question
3. Ownership:
3.1 The Supplier retains the full and entire material and intellectual property of the documents, media, know-how, files or data transmitted to the Customer, unless otherwise agreed in writing. Samples may only be sent to a third party with the express permission of the Supplier. The tools remain the property of the Supplier and shall remain in its workshops. The Customer’s share of the tooling costs does not imply any transfer of material or intellectual property or know-how. All intellectual property rights, as well as the know-how incorporated in the documents, Products delivered, and services performed, remain the exclusive property of the Supplier.
3.2 The Customer guarantees that the plans, specifications, documents, or data of any kind provided by him, as well as their conditions of implementation, do not infringe the intellectual property rights or know-how of third parties. As such, the Customer guarantees that the Supplier shall be indemnified from all direct or indirect consequences of any liability action.
4. Use of Products:
4.1 The Customer is responsible for the use of the Products under normal conditions and in compliance with the applicable safety and environmental laws, as well as with best practices and the specifications or recommendations of the Supplier.
4.2 The Customer undertakes to dispose of the Product packaging in accordance with local environmental legislation, it being specified that non-recyclable packaging is not taken back by the Supplier and that the packaging complies with the applicable environmental legislation within the European Union.
4.3 The Customer undertakes to transmit information relevant to the use of Products to the potential sub-purchaser. The Supplier shall ensure the traceability of Products until the date of delivery to the Customer.
5. Confidentiality:
The Customer undertakes to ensure the confidentiality of the items (documents on any medium whatsoever, reports, plans, data, etc.) transmitted by the Supplier, unless the latter agrees in writing. This obligation does not apply to items:
6. Delivery::
6.1 Delivery times run from the date of acknowledgement of receipt of the order. The times given to the Customer are only indicative and may be challenged by the Supplier in the event of circumstances beyond its control. Exceeding delivery deadlines will not result in the cancellation of the order or compensation.
6.2 Delivery is deemed to have been made as soon as the carrier arrives at the Customer’s plants or warehouses before unloading the truck, or when the order is collected at the counter by the Customer. The risks are transferred to the Customer upon delivery. Unless otherwise agreed, all transport operations, insurance, customs, handling, etc. are at the expense and risk of the Customer. The Supplier may make full or partial deliveries. Any partially delivered order cannot be cancelled and must be paid within the agreed deadline.
6.3 Any order for collection at the counter that is not collected within 10 days of the Customer being notified of its availability will automatically be shipped to the Customer.
6.4 For all orders, the seller reserves the right to invoice the buyer for preparation, delivery and packaging costs.
6.5 The number of units of each Product delivered in their packaging may vary by plus or minus 3% in relation to the quantity ordered, in accordance with the customary tolerances, this having no effect on the price.
6.6 Claims with regard to visible defects or to non-compliance of a Product must be made in writing and sent to the Supplier within 7 days of delivery or performance of the service. After this period, no such claim shall be admissible, and the receipt will be definitively acquired. The products and packages must be checked upon receipt in presence of the carrier, the costs and risks relating to this verification being borne by the buyer. In any event, the verification procedure cannot increase the duration or shift the starting point of the maximum payment deadline. Damage linked to transport: In case of delay, missing items, loss or damage, the buyer must inform the carrier in accordance with articles L. 133-3 et seq of the French Commercial Code. The Customer must confirm these remarks by registered letter with acknowledgement of receipt sent to the carrier within three days of receipt and send a copy to the Supplier by fax or post within the same time frame. After this time, no compliant will be taken into account by the Supplier.
6.7 It shall be the responsibility of the Customer to substantiate the alleged defect(s) or non-compliance(s). The Customer must give the Supplier all opportunities to observe them and to remedy them if necessary. The Customer shall refrain from intervening itself or involving a third party for this purpose or risk losing the benefit of the guarantees sought.
7. Price:
The price of Products will correspond to the price offered in our proposal/quotation or, in the absence of a valid proposal/quotation, to our current catalogue price for goods, minus any discount agreed in writing. Our quotations are valid for 30 days from their issue, unless a written waiver has been provided. Prices exclude "ex works" taxes. Unless otherwise stipulated, the prices of goods sold are those in force on the day the binding and final order is sent by the Customer. The Supplier reserves the right to change its pricing conditions for any future order at any time, in particular when such a change is due to external circumstances such as, for example, an increase in the cost of raw materials.
8. Payment:
8.1 Payments shall be made, unless expressly waived in writing, by the 30th day of the end of the month following the date delivery or date of performance of the service. Compliance with the payment deadlines is a decisive condition of the Supplier’s commitment. Advance payments are made without discount. Any amount not paid by the due date will automatically be subject to interest, calculated on the amount inclusive of tax at the rate of legal interest plus five points. As part of the environmental transition and electronic invoicing, delivery of a duplicate invoice by post is invoiced at €2.50 excluding VAT.
8.2 Should there be a delay in payment, or even a partial failure to pay, the Supplier will also be entitled to suspend the performance of its current obligations by simply giving written notice to the Customer.
8.3 In the case of non-payment, 48 hours after formal notice has rendered no result, the Supplier may, by any means, notify of its intention to terminate ipso jure all or part of the order, and may request the return of the goods sold, without prejudice to any other damages.
8.4 In the event of total or partial non-payment, the Company may, following formal notice sent by registered letter with acknowledgement of receipt to the Customer, and having rendered no result 48 hours from receipt, automatically exercise its right to immediate payment of all invoices issued to the Customer.
8.5 For all professionals, the payment of amounts due after the eligibility date shown on the invoice will automatically increase the invoice total to include a fee of €40 under the conditions provided for in article L. 441-10, II, of the French Commercial Code.
8.6 Any payment incident on the part of the Customer shall automatically entitle the Supplier to make any new delivery to said Customer subject to payment in full when the order is placed.
8.7 The Supplier may automatically compensate its claim against the Customer with any claim that the Customer might hold against it.
9. Reservation of ownership:
9.1 The Supplier retains full ownership of the goods delivered until effective payment of the full price, which includes the principal and accessory, is received.
9.2 The buyer will ensure that identification of the goods is always possible. Goods in stock are presumed to be unpaid.
10. Safety/warranty:
As a prerequisite condition, the provision of the Products by the Supplier may be subject to the provision of any personal or real security and/or guarantee that the Supplier deems useful. At any time, the Supplier may request the provision of such a security and/or guarantee up to the principal amount of the Customer order(s), in addition to the guarantee of interest and accessories. Any subsequent increase in the total amount of orders may be subject to the provision of any security and/or guarantee that the Supplier deems appropriate. Should any of the securities or guarantees provided by the Customer be implemented, the Supplier may request an additional security and/or guarantee, in order to guarantee all balances currently owing or those that will be payable by the Customer. The Supplier is authorised to entrust or assign to third parties claims against the Customer for recovery of goods, should there be a delay or failure to pay in full or in part. In addition, for payments not yet due, retention of securities and/or guarantees will be as of right, and this notwithstanding the cancellation or termination of the contract, until full payment is made for the receivables.
11. Subcontracting:
When the contract established with a Customer is part of a chain of business contracts, the Customer has the legal obligation to have the Supplier accepted by its own Instructing Party. It is also obliged to have that party accept the terms of payment of the Suppler. If the Instructing Party is not the end customer, the Customer undertakes to demand compliance with the Law No. 75-1334 of 31 December 1975.
12. Force majeure:
12.1 Neither party can be held responsible for its delay or failure to perform any of its obligations if such a delay or failure is the direct or indirect result of a case of force majeure, including strikes, fires, natural disasters, power cuts, accidents, inability to be supplied, flood, storm, epidemic, pandemic, etc. Each party shall inform the other party, without delay, of the occurrence of a force majeure event which will likely affect the execution of the contract when it becomes aware of it.
12.2 Consequently, the Parties shall not be held liable for failing to perform of any of their obligations in the event that such failure is due to an impediment beyond their control, and that they could not reasonably foresee such impediment and its effects at the time the contract with the Customer was drawn up.
13. Responsibility:
13.1 The liability of the Supplier is strictly limited to respecting the specifications of the Customer stipulated in the specifications or the order. The Supplier must respect the best practices of its profession. The Supplier is not liable for damages resulting from the use by the Customer of technical documents, information or data from or imposed by the latter. The Supplier shall not be held liable for defects resulting from the materials supplied by the Customer, or for a design drawn up by the Customer or a third party mandated by the Customer, or which result in all or part from the normal wear and tear of parts, damage or accidents attributable to the Customer or to a third party, or in the event of use of the Product which is abnormal, atypical or non-compliant with the use for which it was designed, the industry best practices or the requirements or recommendations of the Supplier.
13.2 The Supplier may only be held liable if evidence is provided that it committed a wrongdoing whilst under contract with the Customer and if an exclusive causal link is established between the fault attributable to the Supplier and the loss.
13.3 The Supplier's liability shall be limited to direct material damage to the Customer that results from a fault exclusively attributable to the Supplier. In no case shall the Supplier be liable for compensation for material or indirect damages. Penalties and indemnities provided, if any, against the Supplier shall constitute a lump-sum settlement.
13.4 In any case, the liability of the Supplier vis-à-vis the Customer relating to an order cannot be sought for amounts exceeding the sums collected by the Supplier under this order.
13.5 The Customer agrees not to take legal action, through its insurers or third parties in a contractual relationship with it, against the Supplier or its insurers beyond the limits and exclusions set out above.
13.6 The Supplier shall only be bound by the legal warranties, it being specified that these can only validly be invoked if the Supplier’s Products are used in accordance with the Supplier’s instructions and best practices and with the Supplier’s accessories that are reserved for the Products sold.
14. General information:
14.1 If provision of the conditions is declared void or unenforceable, such invalidity or inapplicability shall not affect the other provisions of the General Terms and Conditions, which shall remain in full force and effect.
14.2 No delay granted by the Supplier, or even failure to exercise its rights, shall be deemed to constitute a waiver of the Supplier's rights or limitation thereof, nor may it affect them in any way whatsoever.
15. Applicable law and legal jurisdiction:
The contract between the parties is subject to French law. Any dispute between the parties under contract will be subject to the exclusive jurisdiction of the courts in the jurisdiction of the Supplier’s head office, even in the event of multiple defendants and/or the introduction of third parties.
16. Data protection and freedom of information:
16.1 The supplier ensures that all processing of personal data (hereinafter referred to as ‘Personal Data’) which it performs in compliance with the provisions of the EU regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data on the free movement on such data (General Data Protection Regulation, hereinafter referred to as the ‘GDPR’) and the provisions of Law No. 78-17 of 6 January 1978 amended, pertaining to information technology, databases and civil liberties.
16.2 – Legal basis and purpose of Personal Data processing
For the purposes set out above, the Supplier can collect the following Personal Data in particular: Last name; First name; Professional email address; Professional telephone number.
Recipients of the Personal Data: the recipients of the Personal Data are, in particular, people within the Supplier’s company in charge of the IT, administration, marketing, customer relations and prospecting departments, and service providers, for example for transporting and delivering orders. The Supplier may transfer some of your Personal Data to third parties, under a contractual or legal obligation or if a legitimate interest justifies this.
The Supplier retains Personal Data for the time necessary to achieve the purposes for which it was collected. At the end of said time, some of the Personal Data of the people concerned may be the subject of intermediate archiving in order to comply with the legal, accounting and fiscal obligations incumbent on the Supplier, such as the obligation to keep invoices for a period of ten (10) years in application of article L.123-22 of the French Commercial Code.
16.3 The people concerned have the following rights at any time, under the conditions set out by the above-mentioned laws:
These requests must be sent to the Seller by post at the following address: DPO - Etanco - 66 route Sartrouville - 78 230 Le Pecq, or by email to:dpo@etanco.fr
The request must specify the last name, first name, address and email address of the person concerned. A copy of an identity document with the person’s signature must be attached to the request.
The Supplier has appointed a Data Protection Officer (DPO) who can be contacted at: dpo@etanco.fr
For more information, the Supplier asks you to consult the “Confidentiality and Privacy” section at : www.etanco.eu
17. REP PMCB
"In accordance with Anti-waste circular economy Act no. 2020-105 of 10 February 2020 (“AGEC” law), construction products and materials from the building sector (as defined in article R.543-289 of the French Environmental Code) are subject to the Extended Producer Responsibility regime (see articles L.541-10-1 and L.541-10-23 of the French Environmental Code).
ETANCO, as a company that places construction products or materials on the national market (see article R.543-290 of the French Environment Code), is required to contribute to or provide for the collection, free of charge, of waste arising from these products when collected separately, and for the treatment of said waste. In this respect, ETANCO pays an eco-contribution fee to an eco-organisation : VALOBAT (IDU no. FR232603_04IKPM) (see article R 543-288 of the French Environment Code). In accordance with the provisions of Article R.543-290-3 of the French Environment Code, ETANCO shall pass on the amount of this eco-contribution on the invoice, without applying any discount, rebate or other possibility of reduction, in addition to the net unit price of the Products it sells. “
These general terms and conditions (hereinafter the “T&C”) will govern all contracts pertaining to the provision or sale of goods and/or services (hereinafter the “Products”) by Ateliers LR ETANCO (hereinafter “the Supplier”). Unless otherwise agreed in writing, a contract may not be subject to any other stipulation, whether implicit or explicit, resulting from custom, practice or use of the business, the customer’s general conditions of purchase or any other document made out by the customer.
Any service or delivery made by the Supplier implies the unreserved acceptance of the customer (hereinafter: the “Customer”) of the T&C. Information, photographs, prices and descriptions appearing in catalogues, brochures, CD-ROMs, websites or, more generally, on any commercial document are provided for information purposes and are not contractual.
The Seller reserves the right to change the GTC at any time. Any new version of the GTC will automatically replace the previous version
2. Order:
2.1 Any order from the Customer must specify the references of the goods, their quantities (or at least the minimum and maximum quantities), and the desired deadline. The contract is only valid subject to an agreement on the price and the express and written acceptance of the order by the Supplier.
2.2 All orders are binding and final. Any modification to an order requested by the Customer is subject to the express and written acceptance of the Supplier, which may be subject to a change in price. The order cannot be cancelled without the agreement of the Supplier, and in this case, the Customer will compensate the Supplier for all expenses incurred and for all resulting direct and indirect consequences.
2.3 Except for legal warranty cases, in the event of the sale of Products from the catalogue, the Products may only be returned with the express and prior agreement of the Supplier. Orders involving special manufacture or a total value of less than €250 excl. VAT may not be returned.
For eligible Products, in the event that the Supplier has consented to their return, the Customer must return the Products at their own expense (except for returns due to a quantity error attributable to Etanco) and risk. The Products must be returned in perfect condition, protected or in their original packaging, within 15 days of notification of the Supplier’s agreement to this return. The return gives rise to a refund, equal to a maximum of 80% of the invoice value, which is set after inspection at the Supplier’s premises. In any case, no return will be accepted beyond a period of one month from delivery for Products with an expiry date, and three months for others. The Seller reserves the right to make any change to the Products, to suspend or discontinue any Product or any range of Products, without the Customer being entitled to claim any right to compensation. However, the Seller undertakes to fulfil orders placed prior to the suspension or discontinuation of the Product or range of Products in question
3. Ownership:
3.1 The Supplier retains the full and entire material and intellectual property of the documents, media, know-how, files or data transmitted to the Customer, unless otherwise agreed in writing. Samples may only be sent to a third party with the express permission of the Supplier. The tools remain the property of the Supplier and shall remain in its workshops. The Customer’s share of the tooling costs does not imply any transfer of material or intellectual property or know-how. All intellectual property rights, as well as the know-how incorporated in the documents, Products delivered, and services performed, remain the exclusive property of the Supplier.
3.2 The Customer guarantees that the plans, specifications, documents, or data of any kind provided by him, as well as their conditions of implementation, do not infringe the intellectual property rights or know-how of third parties. As such, the Customer guarantees that the Supplier shall be indemnified from all direct or indirect consequences of any liability action.
4. Use of Products:
4.1 The Customer is responsible for the use of the Products under normal conditions and in compliance with the applicable safety and environmental laws, as well as with best practices and the specifications or recommendations of the Supplier.
4.2 The Customer undertakes to dispose of the Product packaging in accordance with local environmental legislation, it being specified that non-recyclable packaging is not taken back by the Supplier and that the packaging complies with the applicable environmental legislation within the European Union.
4.3 The Customer undertakes to transmit information relevant to the use of Products to the potential sub-purchaser. The Supplier shall ensure the traceability of Products until the date of delivery to the Customer.
5. Confidentiality:
The Customer undertakes to ensure the confidentiality of the items (documents on any medium whatsoever, reports, plans, data, etc.) transmitted by the Supplier, unless the latter agrees in writing. This obligation does not apply to items:
- which are, on the date of disclosure, or become after that date, common knowledge, other than by violation of this article;
- that the Customer was aware of before the Supplier communicated them;
- which are or shall become available by means other than through the Supplier, and which are not subject to any restrictions as to their use or disclosure;
- which must be disclosed due to a legal obligation.
6. Delivery::
6.1 Delivery times run from the date of acknowledgement of receipt of the order. The times given to the Customer are only indicative and may be challenged by the Supplier in the event of circumstances beyond its control. Exceeding delivery deadlines will not result in the cancellation of the order or compensation.
6.2 Delivery is deemed to have been made as soon as the carrier arrives at the Customer’s plants or warehouses before unloading the truck, or when the order is collected at the counter by the Customer. The risks are transferred to the Customer upon delivery. Unless otherwise agreed, all transport operations, insurance, customs, handling, etc. are at the expense and risk of the Customer. The Supplier may make full or partial deliveries. Any partially delivered order cannot be cancelled and must be paid within the agreed deadline.
6.3 Any order for collection at the counter that is not collected within 10 days of the Customer being notified of its availability will automatically be shipped to the Customer.
6.4 For all orders, the seller reserves the right to invoice the buyer for preparation, delivery and packaging costs.
6.5 The number of units of each Product delivered in their packaging may vary by plus or minus 3% in relation to the quantity ordered, in accordance with the customary tolerances, this having no effect on the price.
6.6 Claims with regard to visible defects or to non-compliance of a Product must be made in writing and sent to the Supplier within 7 days of delivery or performance of the service. After this period, no such claim shall be admissible, and the receipt will be definitively acquired. The products and packages must be checked upon receipt in presence of the carrier, the costs and risks relating to this verification being borne by the buyer. In any event, the verification procedure cannot increase the duration or shift the starting point of the maximum payment deadline. Damage linked to transport: In case of delay, missing items, loss or damage, the buyer must inform the carrier in accordance with articles L. 133-3 et seq of the French Commercial Code. The Customer must confirm these remarks by registered letter with acknowledgement of receipt sent to the carrier within three days of receipt and send a copy to the Supplier by fax or post within the same time frame. After this time, no compliant will be taken into account by the Supplier.
6.7 It shall be the responsibility of the Customer to substantiate the alleged defect(s) or non-compliance(s). The Customer must give the Supplier all opportunities to observe them and to remedy them if necessary. The Customer shall refrain from intervening itself or involving a third party for this purpose or risk losing the benefit of the guarantees sought.
7. Price:
The price of Products will correspond to the price offered in our proposal/quotation or, in the absence of a valid proposal/quotation, to our current catalogue price for goods, minus any discount agreed in writing. Our quotations are valid for 30 days from their issue, unless a written waiver has been provided. Prices exclude "ex works" taxes. Unless otherwise stipulated, the prices of goods sold are those in force on the day the binding and final order is sent by the Customer. The Supplier reserves the right to change its pricing conditions for any future order at any time, in particular when such a change is due to external circumstances such as, for example, an increase in the cost of raw materials.
8. Payment:
8.1 Payments shall be made, unless expressly waived in writing, by the 30th day of the end of the month following the date delivery or date of performance of the service. Compliance with the payment deadlines is a decisive condition of the Supplier’s commitment. Advance payments are made without discount. Any amount not paid by the due date will automatically be subject to interest, calculated on the amount inclusive of tax at the rate of legal interest plus five points. As part of the environmental transition and electronic invoicing, delivery of a duplicate invoice by post is invoiced at €2.50 excluding VAT.
8.2 Should there be a delay in payment, or even a partial failure to pay, the Supplier will also be entitled to suspend the performance of its current obligations by simply giving written notice to the Customer.
8.3 In the case of non-payment, 48 hours after formal notice has rendered no result, the Supplier may, by any means, notify of its intention to terminate ipso jure all or part of the order, and may request the return of the goods sold, without prejudice to any other damages.
8.4 In the event of total or partial non-payment, the Company may, following formal notice sent by registered letter with acknowledgement of receipt to the Customer, and having rendered no result 48 hours from receipt, automatically exercise its right to immediate payment of all invoices issued to the Customer.
8.5 For all professionals, the payment of amounts due after the eligibility date shown on the invoice will automatically increase the invoice total to include a fee of €40 under the conditions provided for in article L. 441-10, II, of the French Commercial Code.
8.6 Any payment incident on the part of the Customer shall automatically entitle the Supplier to make any new delivery to said Customer subject to payment in full when the order is placed.
8.7 The Supplier may automatically compensate its claim against the Customer with any claim that the Customer might hold against it.
9. Reservation of ownership:
9.1 The Supplier retains full ownership of the goods delivered until effective payment of the full price, which includes the principal and accessory, is received.
9.2 The buyer will ensure that identification of the goods is always possible. Goods in stock are presumed to be unpaid.
10. Safety/warranty:
As a prerequisite condition, the provision of the Products by the Supplier may be subject to the provision of any personal or real security and/or guarantee that the Supplier deems useful. At any time, the Supplier may request the provision of such a security and/or guarantee up to the principal amount of the Customer order(s), in addition to the guarantee of interest and accessories. Any subsequent increase in the total amount of orders may be subject to the provision of any security and/or guarantee that the Supplier deems appropriate. Should any of the securities or guarantees provided by the Customer be implemented, the Supplier may request an additional security and/or guarantee, in order to guarantee all balances currently owing or those that will be payable by the Customer. The Supplier is authorised to entrust or assign to third parties claims against the Customer for recovery of goods, should there be a delay or failure to pay in full or in part. In addition, for payments not yet due, retention of securities and/or guarantees will be as of right, and this notwithstanding the cancellation or termination of the contract, until full payment is made for the receivables.
11. Subcontracting:
When the contract established with a Customer is part of a chain of business contracts, the Customer has the legal obligation to have the Supplier accepted by its own Instructing Party. It is also obliged to have that party accept the terms of payment of the Suppler. If the Instructing Party is not the end customer, the Customer undertakes to demand compliance with the Law No. 75-1334 of 31 December 1975.
12. Force majeure:
12.1 Neither party can be held responsible for its delay or failure to perform any of its obligations if such a delay or failure is the direct or indirect result of a case of force majeure, including strikes, fires, natural disasters, power cuts, accidents, inability to be supplied, flood, storm, epidemic, pandemic, etc. Each party shall inform the other party, without delay, of the occurrence of a force majeure event which will likely affect the execution of the contract when it becomes aware of it.
12.2 Consequently, the Parties shall not be held liable for failing to perform of any of their obligations in the event that such failure is due to an impediment beyond their control, and that they could not reasonably foresee such impediment and its effects at the time the contract with the Customer was drawn up.
13. Responsibility:
13.1 The liability of the Supplier is strictly limited to respecting the specifications of the Customer stipulated in the specifications or the order. The Supplier must respect the best practices of its profession. The Supplier is not liable for damages resulting from the use by the Customer of technical documents, information or data from or imposed by the latter. The Supplier shall not be held liable for defects resulting from the materials supplied by the Customer, or for a design drawn up by the Customer or a third party mandated by the Customer, or which result in all or part from the normal wear and tear of parts, damage or accidents attributable to the Customer or to a third party, or in the event of use of the Product which is abnormal, atypical or non-compliant with the use for which it was designed, the industry best practices or the requirements or recommendations of the Supplier.
13.2 The Supplier may only be held liable if evidence is provided that it committed a wrongdoing whilst under contract with the Customer and if an exclusive causal link is established between the fault attributable to the Supplier and the loss.
13.3 The Supplier's liability shall be limited to direct material damage to the Customer that results from a fault exclusively attributable to the Supplier. In no case shall the Supplier be liable for compensation for material or indirect damages. Penalties and indemnities provided, if any, against the Supplier shall constitute a lump-sum settlement.
13.4 In any case, the liability of the Supplier vis-à-vis the Customer relating to an order cannot be sought for amounts exceeding the sums collected by the Supplier under this order.
13.5 The Customer agrees not to take legal action, through its insurers or third parties in a contractual relationship with it, against the Supplier or its insurers beyond the limits and exclusions set out above.
13.6 The Supplier shall only be bound by the legal warranties, it being specified that these can only validly be invoked if the Supplier’s Products are used in accordance with the Supplier’s instructions and best practices and with the Supplier’s accessories that are reserved for the Products sold.
14. General information:
14.1 If provision of the conditions is declared void or unenforceable, such invalidity or inapplicability shall not affect the other provisions of the General Terms and Conditions, which shall remain in full force and effect.
14.2 No delay granted by the Supplier, or even failure to exercise its rights, shall be deemed to constitute a waiver of the Supplier's rights or limitation thereof, nor may it affect them in any way whatsoever.
15. Applicable law and legal jurisdiction:
The contract between the parties is subject to French law. Any dispute between the parties under contract will be subject to the exclusive jurisdiction of the courts in the jurisdiction of the Supplier’s head office, even in the event of multiple defendants and/or the introduction of third parties.
16. Data protection and freedom of information:
16.1 The supplier ensures that all processing of personal data (hereinafter referred to as ‘Personal Data’) which it performs in compliance with the provisions of the EU regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data on the free movement on such data (General Data Protection Regulation, hereinafter referred to as the ‘GDPR’) and the provisions of Law No. 78-17 of 6 January 1978 amended, pertaining to information technology, databases and civil liberties.
16.2 – Legal basis and purpose of Personal Data processing
| Legal basis | Purpose |
| Prior consent of the person concerned | Management of a request for information by the person concerned
|
| Conclusion and performance of the sale contract signed with the customer | Management of the Customer’s orders |
| Compliance with the legal and regulatory obligations of the Supplier | The Supplier’s legal social and fiscal obligations
|
| The Supplier’s legitimate interest | Manage and improve the Suppliers relationship with the Customer Exercise, defend and preserve the Seller’s rights e.g., in case of disputes, and constitute proof of any violation of their rights |
For the purposes set out above, the Supplier can collect the following Personal Data in particular: Last name; First name; Professional email address; Professional telephone number.
Recipients of the Personal Data: the recipients of the Personal Data are, in particular, people within the Supplier’s company in charge of the IT, administration, marketing, customer relations and prospecting departments, and service providers, for example for transporting and delivering orders. The Supplier may transfer some of your Personal Data to third parties, under a contractual or legal obligation or if a legitimate interest justifies this.
The Supplier retains Personal Data for the time necessary to achieve the purposes for which it was collected. At the end of said time, some of the Personal Data of the people concerned may be the subject of intermediate archiving in order to comply with the legal, accounting and fiscal obligations incumbent on the Supplier, such as the obligation to keep invoices for a period of ten (10) years in application of article L.123-22 of the French Commercial Code.
16.3 The people concerned have the following rights at any time, under the conditions set out by the above-mentioned laws:
- A right to access their Personal Data, a right to rectify it or supplement it;
- A right to delete their Personal Data or restrict its processing, or a right to object to its processing;
- If the processing is based on their consent, the right to withdraw this consent at any time;
- The right to Personal Data portability;
- The right to define the general or specific directives with regard to the fate of their Personal Data after their death;
- The right to file a complaint to the competent supervisory authority, in this case, the French National Commission on Computer Technology and Freedom.
These requests must be sent to the Seller by post at the following address: DPO - Etanco - 66 route Sartrouville - 78 230 Le Pecq, or by email to:dpo@etanco.fr
The request must specify the last name, first name, address and email address of the person concerned. A copy of an identity document with the person’s signature must be attached to the request.
The Supplier has appointed a Data Protection Officer (DPO) who can be contacted at: dpo@etanco.fr
For more information, the Supplier asks you to consult the “Confidentiality and Privacy” section at : www.etanco.eu
17. REP PMCB
"In accordance with Anti-waste circular economy Act no. 2020-105 of 10 February 2020 (“AGEC” law), construction products and materials from the building sector (as defined in article R.543-289 of the French Environmental Code) are subject to the Extended Producer Responsibility regime (see articles L.541-10-1 and L.541-10-23 of the French Environmental Code).
ETANCO, as a company that places construction products or materials on the national market (see article R.543-290 of the French Environment Code), is required to contribute to or provide for the collection, free of charge, of waste arising from these products when collected separately, and for the treatment of said waste. In this respect, ETANCO pays an eco-contribution fee to an eco-organisation : VALOBAT (IDU no. FR232603_04IKPM) (see article R 543-288 of the French Environment Code). In accordance with the provisions of Article R.543-290-3 of the French Environment Code, ETANCO shall pass on the amount of this eco-contribution on the invoice, without applying any discount, rebate or other possibility of reduction, in addition to the net unit price of the Products it sells. “
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