Who are we?
Our website address is: https://www.cueilletteurbaine.com.
Cueillette Urbaine is the commercial name of the company Vegetal Social SAS represented by Paul Rousselin, with a capital of 6211 euros, and having its headquarters at 268 rue du faubourg saint Antoine 75012 PARIS. Vegetal Social SAS is registered at the RDC of Paris under the number 822,419,123.
Intracommunity VAT number: FR10822419123
General terms and conditions of sale
All orders placed with Vegetal Social imply acceptance by the buyer of these general conditions of sale and renunciation on his part of his own general conditions of purchase. The clauses on the order forms or correspondence from the buyer cannot derogate from them, except with the express agreement of Vegetal Social, mentioned on its offer or order registration.
1. – GENERAL
The prices and information given in the catalogs, leaflets and price lists are only given as an indication, Vegetal Social reserves the right to make any changes to the layout, shape, dimensions or materials of its products, structures and elements of equipment whose engravings and descriptions appear on its printed materials as advertising.
The option period for our offers and quotations is 2 months. Our supplies are limited to the materials designated in the quotations.
The sales contract, even in the case of an estimate or prior offer, is only perfected subject to the express acceptance by Vegetal Social of the buyer’s order. If the buyer does not contest, within 48 hours, our acknowledgement of receipt of the order, the terms and conditions stipulated on this acknowledgement of receipt are deemed accepted.
For additional supplies, the prices and new deadlines are specially discussed between Vegetal Social and the buyer. In no case, the conditions for additional supplies may not prejudice those of the main order. The presentation material must be returned within two months. If not, it will be invoiced according to the conditions of the offer, in conformity with the law.
2. – INTELLECTUAL PROPERTY
Vegetal Social retains all intellectual property rights to its projects, studies and documents of any kind, which cannot be communicated or executed without its written authorization. In the event of written communication, they must be returned to it on first request.
The technology and know-how, patented or not, as well as all industrial and intellectual property rights relating to the products and services, remain the exclusive property of Vegetal Social. Only the buyer is granted the right to use the products on a non-exclusive basis.
3. – TERMS OF DELIVERY
Delivery is deemed to have been made in Vegetal Social’s factories or stores. Vegetal Social is automatically released from any commitment relating to the delivery time if the payment conditions have not been respected by the buyer, or:
—in case of force majeure. Is considered as a case of force majeure any event beyond the control of Vegetal Social and impeding its normal operation at the stage of manufacturing or shipping products;
—in the event of events such as total or partial strikes hindering the smooth running of Vegetal Social or that of one of its suppliers, subcontractors or transporters, interruption of transport, of the supply of energy, raw materials or spare parts, epidemic, war, requisition, fire, bad weather, natural disasters, tooling accidents, delays in transport or any other case leading to partial unemployment;
—when the information to be provided by the buyer does not reach Vegetal Social in due time, as well as in case of modifications or new specifications.
Delivery times are given as an indication only and without guarantee. A delay does not authorize the buyer to cancel the sale, to refuse the goods or to benefit from damages.
In case of delay, the buyer cannot cancel his order straight away: he must send Vegetal Social a formal notice.
No penalty for late delivery is accepted, except if they have been the subject of specific contractual provisions. In such cases, they may not exceed 5% of the value, in the workshop or in the warehouse, of the only material still to be delivered.
These penalties can only be applied if the delay is caused by Vegetal Social and if it has caused real damage. They cannot be applied if the buyer has not informed Vegetal Social in writing, at the time of the order, and confirmed, at the time scheduled for delivery, its intention to apply these penalties.
These penalties are in the nature of liquidated damages, exclusive of any other form of compensation.
4. – TRANSPORTATION
Our goods travel at the risk of the buyer, who is responsible for checking the shipments upon arrival, for reporting any reservations and for making any claims to the carrier, even if the shipment was made carriage paid. Our shipments, free of postage and packing, are always unloaded by the consignee, as the driver cannot operate alone.
Any additional costs of transport due to the buyer (in case of error of delivery address or absence of the recipient) will be automatically passed on to him.
Notwithstanding the legal obligations, in order to be taken into account, any complaint concerning the nature, type, characteristics, delivery notes and apparent quality of the products must be notified to Vegetal Social by registered letter with acknowledgement of receipt within a maximum period of 8 calendar days from delivery.
Non-returnable packaging is always due from the client and is not taken back by Vegetal Social. In the absence of any special indication on the subject, the packaging is prepared by Vegetal Social which acts in the best interests of the client.
The return of a delivered product can only be exceptionally accepted after prior written agreement from Vegetal Social. After acceptance of the return by Vegetal Social, the product must be returned within eight calendar days, in the state in which it was delivered, both in terms of the product and its packaging.
In case of damage to the material, the buyer will have to pay for the repair.
5. – TERMS AND CONDITIONS OF PAYMENT
The contract determines the terms of payment. The invoice shall state the date on which payment is due and the rate of penalty payable on the day following the date of payment stated on the invoice.
The payment term is set at thirty calendar days from the date of invoice. Any longer term that has not been agreed upon by the parties is considered abusive in the sense of article 66 of the French Law n° 2001-240 of May 15, 2001.
The non-payment of a due date automatically entails the forfeiture of the term and consequently the immediate payment of all sums due, even for future due dates.
All sums not paid on the due date shall, from the first day of delay, automatically and without the need for a formal notice, bear interest at the rate of the European Central Bank, increased by 7 points, in accordance with the provisions of European Directive 2000/35 of June 29, 2000 and French Law No. 2001-420 of May 15, 2001, without prejudice to the cessation of the infraction. Vegetal Social reserves the right to apply a penalty clause equal to 15% of the amount of the receivables due. No discount is granted for early payment.
For a first order, the payment is made in full upon receipt of invoice.
In the event of dispute or partial performance of the contract, payment shall remain due on the undisputed or partially performed part of the contract.
Settlement is deemed to have been made on the date on which the funds are made available by the client to the beneficiary or his subrogate.
The services associated with the supply are payable in full, net and without discount.
6. – RETENTION OF TITLE
Vegetal Social retains ownership of the goods sold until the effective payment of the full price in principal and accessories. However, the transfer of risks is carried out at the expense of the buyer upon delivery.
Failure to pay any of the installments may result in the reclamation of the goods.
7. – GUARANTEES
The length of time during which the various performances of a piece of equipment are guaranteed does not in any way indicate the average, maximum or actual life of the equipment considered.
a) Defects eligible for coverage
Vegetal Social undertakes to remedy any malfunction resulting from a defect in the design, materials or execution (including assembly if this operation is entrusted to it) within the limits of the provisions below.
Vegetal Social undertakes to remedy any failure of the equipment supplied resulting from a defect in the equipment installed in accordance with the rules of the trade, by qualified professionals having respected all the instructions specific to the equipment proposed by Vegetal Social, as regards both commissioning and maintenance.
Vegetal Social’s obligation does not apply in the event of a defect resulting from materials supplied by the buyer or from a design imposed by the buyer.
The duration and the benefit of the guarantee can only be accepted by Vegetal Social if the buyer can prove that the conditions of storage, operation, maintenance and servicing defined by Vegetal Social have been respected.
Vegetal Social does not give any warranty for materials combined without its agreement with other materials in a set.
Repairs and replacement parts supplied under the original warranty are warranted under the same terms and conditions as the original equipment and for a new period equal to that originally defined. The warranty on other parts and components of the original supplies is only extended, if necessary, for the period of downtime due to replacement or repair.
Any guarantee is also excluded for incidents due to fortuitous events or force majeure as well as for replacements or repairs resulting from normal wear and tear of the equipment, deterioration or accidents due to negligence, lack of installation, supervision or maintenance and abnormal use or use not in accordance with the prescriptions of Vegetal Social of this equipment.
b) Duration and starting point of the guarantee
The warranty period begins on the delivery date indicated on the delivery note accepted and signed by the buyer or his representative. If, at the request of the purchaser, the shipment of the material already manufactured in its entirety is delayed for a reason beyond the control of Vegetal Social, the extension of the warranty period cannot exceed three months beyond the delivery date initially defined.
This commitment applies only to defects that have manifested themselves during a one-year warranty period. Replacement parts or replaced parts are warranted for the remainder of the warranty period.
The warranty period shall commence on the date of delivery as defined in 3. above.
c) Obligations of the buyer
To invoke the benefit of these provisions, the buyer must:
—communicate to Vegetal Social, prior to the order, the destination and conditions of use of the material;
—inform Vegetal Social, without delay and in writing, of the defects it attributes to the equipment and provide all justifications as to the reality of these defects;
—give Vegetal Social every facility to proceed with the observation of these defects and to remedy them;
—refrain, in addition, except with the express agreement of Vegetal Social, from carrying out the repair himself or having it carried out by a third party.
Any failure to comply with these provisions will result in the cancellation of the guarantee, except in cases of recognized force majeure involving the safety of persons.
d) Terms and conditions for exercising the guarantee
It is the responsibility of Vegetal Social thus notified to remedy the defect at its own expense and with all due diligence, Vegetal Social reserving the right to modify, if necessary, the devices of the equipment so as to satisfy its obligations.
The work resulting from the guarantee obligation is carried out in principle in the workshops of Vegetal Social after the purchaser has returned the defective material or parts to it for repair or replacement.
Nevertheless, in the event that, due to the nature of the equipment, the repair must take place on the installation site, Vegetal Social will pay the labor costs corresponding to this repair, excluding the time spent on preliminary work or disassembly and reassembly operations made necessary by the conditions of use or installation of this equipment and concerning elements not included in the supply in question.
The cost of transporting the defective material or parts, as well as the cost of returning the repaired or replaced material or parts, shall be borne by the purchaser, as well as, in the case of repairs at the installation site, the travel and accommodation costs of Vegetal Social’s agents. The parts replaced free of charge become the property of Vegetal Social.
Vegetal Social’s liability is strictly limited to the obligations defined above, and it is expressly agreed that Vegetal Social will not be held liable for any other compensation for material or immaterial damages, whether consecutive or not.
f) Specific warranties
In the context of a specific operation, they are added to the general conditions and must be the subject of a written contract between Vegetal Social and the buyer. They are only acceptable to Vegetal Social if accompanied by a technical definition of the risks covered and the specific conditions under which the equipment to be covered will be used, operated, maintained and kept in good condition.
8. – LIABILITY
a) Liability for direct property damage.
Vegetal Social is obliged to compensate the direct material damage caused to the buyer which would result from faults attributable to Vegetal Social in the execution of the contract.
Therefore, Vegetal Social shall not be liable to compensate for the harmful consequences of the errors of the buyer or third parties relating to the execution of the contract, nor the damages resulting from the use by Vegetal Social of technical documents, data, or any other means provided or whose use is imposed by the buyer and containing errors not detected by Vegetal Social.
b) Liability for indirect and/or consequential damages.
Under no circumstances will Vegetal Social be held responsible for compensating immaterial and/or indirect damages such as: loss of operations, loss of profit, commercial loss…
The responsibility of Vegetal Social is strictly limited to the obligations expressly stipulated in the contract. All penalties and indemnities provided for in the contract are in the nature of lump sum damages, discharging and exclusive of any other penalty or indemnity.
c) General provisions
With the exception of gross negligence on the part of Vegetal Social and compensation for bodily injury, the liability of Vegetal Social is limited, all causes combined, to a sum which, in the absence of a different stipulation in the contract, is capped at the sums collected for the supply or service on the day of the claim.
The purchaser guarantees the waiver of recourse by its insurers or third parties in a contractual situation with it, against Vegetal Social or its insurers beyond the limits and for the exclusions fixed above.