I-ORDER
Orders can be placed directly with retailers, by mail, electronically, or through a representative, either directly on the website.
Orders for stock by phone or electronically bind the buyer upon receipt of the phone call or electronic order, without the need for a written order confirmation issued by the buyer. The products presented on the YesWePack.com website do not constitute a firm and complete offer from the seller. Therefore, YesWePack reserves the right to accept or refuse any electronic order. Orders for custom manufacturing must be in writing or validated on the customer's account.
Every order, whether written electronically or by phone, must include: the full name, the precise address, the registration number of the trade and companies or trade registry, the legal form of the buyer or, if applicable, a customer ID in the case of an electronic order: reference to a possible offer; quantity, either specific or with minima and/or maxima; quality, specifying the type, brand, and reference to a provided sample; weight; dimensions; presentation; desired delivery times; delivery location; delivery terms; price; and payment conditions.
II-ORDER CONFIRMATION
In case of the buyer's acceptance without modification of a firm and complete offer from the seller, no written order confirmation from the buyer is necessary. The receipt of the goods constitutes confirmation of the order and the unconditional acceptance of these general terms and conditions of sale by the buyer. In the case of an electronic order, these general terms and conditions of sale will be deemed accepted when the order is placed. In the only case of an order for manufacturing, and even in the possible absence of a written order by the buyer, YesWePack issues an order confirmation that constitutes the contract and binds the parties. For deliveries in France, no objection by the buyer to the seller's order confirmation will be accepted after a period of three days from the date of issuance of the confirmation. For other countries, the period is extended to ten days.
III-DELIVERY
The delivery period starts from the date of acceptance of the proof (BAT) or its confirmation by our factory, in the absence of a specification of the mandatory nature of the delivery time or date in the order confirmation, this time or date is given as an indication only, unless the seller's deliberate negligence, no compensation or damages will be due and cannot be claimed for non-compliance with the delivery time or date.
Inability to deliver (definitive, temporary, or partial)
YesWePack is released from its obligations by any event beyond its control that prevents or delays the delivery of the goods and is not attributable to intentional or gross negligence on its part.
YesWePack is required to notify the buyer of the existence of the reasons for temporary impediment or inability to deliver if the circumstances do not make this notification impossible. If the impediment is temporary, the performance of the contract is suspended for the duration of this impediment. However, when the duration exceeds 30 days, each party has the right to terminate the contract without compensation. However, if the impediment relates to a delivery that has come due and is part of a contract for staggered deliveries, the right to terminate will only apply to that delivery and not to future deliveries. If at the time of the impediment, YesWePack has already manufactured part of the order, the buyer is obligated to take delivery of the quantity manufactured on the terms provided.
Return of goods sold from stock.
Any return of goods accepted by YesWePack due to an error attributable to the buyer will result in the invoicing of a flat-rate fee at the seller's rate, intended to cover the costs of transport and reconditioning of the returned goods. Goods made to order are never returned.
Handling services
Depending on the handling services required by the structure of the building(s) of delivery mentioned by the buyer, or personalized deliveries requested by the buyer, and the geographical location of the delivery, a pricing according to a quote accepted by the client, called handling service pricing, will be applied by YesWePack, which reserves the right to accept or refuse these particular delivery conditions.
Shipping costs
A minimum of €35 excluding tax is applied for delivery for any order less than €300 excluding tax of standard products held in stock and as a lump sum based on volumetric weight and destination. For any other custom order, shipping costs are calculated based on the quantity, distance, and volumetric weight it represents.
IV-PRICES
The prices of products sold by YesWePack are those of the price list in force on the day of the order.
The prices on price lists, notices, and catalogs or any other commercial documents are indicative and may be modified by the company YesWePack.
YesWePack reserves the right to revise its prices, especially if the prices of raw materials or transport conditions were to be changed.
The prices per quantity of our offers are applicable only if the corresponding number of products is delivered at once. In the case of an increase or decrease in quantities, the prices may be revised accordingly.
The study and manufacturing costs mentioned in the offers for custom orders are provided as an indication for the first order and are revisable for each new order on a specific study for a number of products actually manufactured modified according to the actual number of products manufactured.
Unless expressly stated otherwise, the prices in our price lists do not include the cost of transporting and insuring goods to the designated delivery location. Their cost is borne by the buyer.
V-PAYMENT TERMS
Products are payable in cash, in full on the day of delivery, or, in the case of shipping, on the date of shipment.
Invoices are paid by bank transfer, by Paypal pro, or by bill of exchange. No discount is granted for early payment. Any amount unpaid on the due date will automatically and without prior notice result in the buyer's payment of late payment penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
A lump sum indemnity for recovery costs, amounting to 40 euros, will be due by the buyer in the event of late payment.
Furthermore, in case of total or partial non-payment of an invoice on the due date, for whatever reason, YesWePack also reserves the right to suspend all orders in the processing and demand payment on order or on delivery or to terminate the contract 10 days after a notice remains unsuccessful. A termination indemnity, lump sum and irreducible, equivalent to 30% of the total price of the unpaid order, will be due automatically by the buyer.
The non-payment of two invoices at different due dates, regardless of the amount, will automatically result in the suspension of orders in progress until the full payment of the debt.
VI-RESOLUTORY CLAUSE
If within fifteen days of sending by registered letter of a notice that has remained ineffective, the buyer has not paid the amounts due, the sale will be automatically terminated if it seems good to the seller who may request, in summary, restitution of the goods, without prejudice to all other rights and damages.
In such a case, a deduction of 40% will be made on the sums already paid as a lump sum and irreducible indemnity, without prejudice to the rights for the seller to claim additional compensation.
VII-OWNERSHIP RESERVE
YesWePack reserves ownership of the goods sold until full payment of the price in principal and accessories. In case of non-payment in full, YesWePack may claim the goods sold. Recovery costs will be borne by the buyer.
VIII-WARRANTY
YesWePack guarantees its products against any defect in material or workmanship for a period of 6 months from the date of delivery. This warranty is limited to the replacement or repair of products recognized as defective by YesWePack. The warranty does not cover damage resulting from misuse, negligence, modification, or unauthorized repair of the products.
YesWePack's liability to the buyer is limited to the amount of the order. Under no circumstances will YesWePack be liable for indirect, incidental, special, or consequential damages arising from the use of the products.
For any return of products under warranty, the buyer must contact YesWePack's customer service to obtain a return number. Return costs are borne by the buyer.
IX-FORCE MAJEURE
Neither party will be held responsible towards the other for the non-performance or delays in the performance of an obligation of the contract that would be due to the fact of the other party following the occurrence of a force majeure event usually recognized by jurisprudence.
X-APPLICABLE LAW AND JURISDICTION
This contract is subject to French law. The language of the contract is French. Any dispute arising from the interpretation, performance, or termination of the contract will be submitted to the competent courts in accordance with the applicable jurisdiction rules.
XI-PERSONAL DATA
By placing an order with YesWePack, the buyer agrees that their personal data will be collected, processed, and used in accordance with the company's current privacy policy. The collected personal data is intended for internal use for order processing and may be communicated to partners or service providers as part of order fulfillment.
XII-PARTIAL NULLITY
If any provision of these general terms and conditions of sale is declared null or unenforceable under a law, regulation, or following a final court decision, it will be deemed unwritten, and the other provisions will remain in effect.
XIII-CONFIDENTIALITY
All information that you may transmit to us is intended for YesWePack and its contractual partners. In accordance with the Data Protection Act of January 6, 1978, you have the right to access and rectify this information by contacting YesWePack — Database Service —YesWePack 73 allée Kleber, Blvd de Strasbourg 34000 Montpellier. Through us, you may receive proposals from other companies. If you do not wish this, simply let us know at the address above.
We inform you that telephone conversations between the client and the advisors of the Customer Relations service of YesWePack may be recorded randomly, subject to prior notice to the client. In accordance with Article R226-8 of the Penal Code and the provisions of the law of January 6, 1978, on information technology, files, and freedoms, the company YesWePack undertakes to preserve the rights of persons listened to by establishing a strictly supervised and monitored access procedure to the recordings, to use these recordings only for the training of their customer advisors and for quality control of the information communicated to the client and to destroy these same recordings within a period of two months or less.
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