Terms and conditions of sale
1. Conditions of application
These general conditions of sale and delivery (hereinafter referred to as the GCS) apply to all professional buyers wishing to purchase the products offered for sale by FRYSAF (hereinafter referred to as the Seller) on the website www.frysaf.com (hereinafter referred to as the Site), regardless of the method of ordering (post, fax, telephone, e-mail or via the Site).
Our General Terms and Conditions, described below, as well as our special conditions mentioned in our offers and quotations, are considered accepted by our customers.
The GCS can be consulted on the Site and can be sent to the Customer on request by e-mail, fax or post.
By ticking the box "I have read the general terms and conditions of sale and accept them" before validating each order, the Customer acknowledges that they have read, understood and unreservedly accept these General Terms and Conditions of Sale.
Our GTCS take precedence over any conditions or contractual terms appearing in the Customer's commercial documents, except with the written agreement of the manager or an employee authorised for this purpose.
Any commitment made by our employees or representatives is only valid if confirmed in writing by the manager or an authorised employee.
1.1 Customer identity
Our customers are mainly professionals in the food service, catering, hotel and community sectors.
By placing an order, the Customer acknowledges that he/she has the legal capacity to accept these general terms and conditions of sale.
Our sales department is available to meet customers' needs from 9am to 5.30pm, Monday to Friday.
1.2 Customer account
Before placing an order online, the Customer must fill in a form to open a customer account. All mandatory fields must be completed. FRYSAF reserves the right to request additional information to open a customer account.
1.3 Content of the general terms and conditions of sale
All orders placed on frysaf.com, whether via the site, by post, telephone or e-mail, are subject to these general terms and conditions of sale. They cancel and replace any other general condition of the customer, except with the agreement of the manager.
FRYSAF reserves the right to refuse certain orders without justification.
Customers are deemed to have accepted our general terms and conditions of sale and delivery. We recommend that you consult the version in force at the time of ordering.
2. Products
Products may be withdrawn or modified without notice.
The Site presents the main characteristics of the products offered for sale.
Each product is accompanied by a description drawn up by the supplier. Where applicable, the product data sheets set out the characteristics that the customer must examine.
The information and characteristics of the products are provided by the Seller's supplier.
The Seller cannot be held responsible for incorrect data transmitted by the supplier.
The characteristics, dimensions, capacities, weights, photographs and graphics presented on the Site or in e-mails sent by the Seller are indicative and non-contractual.
The photographs in the catalogue are as accurate as possible but may not correspond exactly to the product offered.
The Seller is not responsible for differences in colour or form between the photographs or graphics presented and the products.
The choice and purchase of the product are the sole responsibility of the Customer.
Some products need to be installed by a professional; the laundry, cooking, conveyor oven and ventilation must be installed by a professional.
3. Controls
Orders are placed via our website frysaf.com or by telephone on 06 99 21 94 94. All orders imply unreserved acceptance of these GTC.
Any order for a product by telephone, fax, e-mail or via the Site implies full and unreserved acceptance of these GCS, which the Customer acknowledges having read, understood and accepted in advance.
FRYSAF reserves the right to refuse certain orders without having to explain the reasons.
All orders received by post, fax, telephone, e-mail or via the Site will be considered firm and definitive once accepted by the Seller.
Any request for modification, addition, deletion or any other change to a firm and definitive order must be expressly accepted by the Seller.
In the absence of agreement, the initial order remains valid and the amount is due.
The Customer is responsible for the accuracy and completeness of the information provided when the order is placed.
The Seller cannot be held responsible for the technical specifications, characteristics and references supplied by the Customer at the time of ordering if they are inappropriate or incorrect.
In this case, the costs incurred by the Seller, in particular for re-shipment of the order, shall be borne by the Customer.
Under no circumstances can the Seller be held responsible for the impossibility of delivery due to the impossibility of access to the place of delivery or the refusal to unload the products.
In this case, the costs incurred by the Seller, in particular for re-shipment of the order, shall be borne by the Customer.
The Customer must ensure that access to the delivery site is suitable for a semi-trailer. For areas that are difficult to access (mountains, islands), please contact us.
In the case of large orders, the Customer must provide human and material resources. Some carriers deliver the goods "at the foot of the lorry".
Finally, for orders for horizontal or wall-mounted display cases, the Customer must be informed that handling equipment may be required to unload the goods.
4. Delivery times
4.1 Transfer of risk
Responsibility for the products and the associated risks (deterioration, loss, theft, damage, etc.) are transferred to the Customer as soon as the products are physically delivered to FRYSAF's premises or as soon as they are taken over by the carrier.
Deliveries, even carriage paid, are made at the Customer's risk.
In the event of damage or missing items, the Customer must lodge a complaint with the carrier, giving detailed reservations (see 4.3).
4.2 Delivery times
Except in cases of force majeure, delivery times for deliveries to mainland France and Corsica are a maximum of thirty (30) days from the date of registration of the order, subject to available stocks.
In the event of late delivery, the seller may not be held liable and the buyer may not make any claim for cancellation, compensation or withholding of the price.
However, any delay in delivery in excess of forty-five (45) days, unless expressly agreed by the customer, may result in the sale being rescinded, with all sums paid being returned.
4.3 Complaints
On delivery, the Customer must check in the presence of the carrier:
The quantity and condition of the parcels,
Equipment conformity,
The condition of the goods.
In the event of non-conformity, the Customer must note the missing items or damage on the delivery note and immediately contact FRYSAF's after-sales service.
Failure to follow this procedure will preclude any subsequent claim or refund.
5. Responsibilities
FRYSAF cannot be held responsible for damage resulting from abnormal use of its products.
FRYSAF's liability in the event of contractual non-performance may not exceed 10% of the amount exclusive of tax of the order, excluding the cost of supplying replacement products for defective products.
6. Force majeure
In case of force majeure or events beyond its control, FRYSAF can not be held responsible for the delay or inability to deliver products. In such cases, FRYSAF can terminate all or part of the contract without obligation of compensation.
7. Guarantee
The products are guaranteed for at least one year, under the manufacturer's terms, against any manufacturing defect, provided that the defect is not the result of normal wear and tear, negligence, lack of maintenance or inappropriate use.
Defective products must be returned in their original packaging, shipping costs being borne by FRYSAF.
FRYSAF will also cover the cost of returning the product to the customer after repair.
The warranty is limited to the replacement of spare parts for certain equipment.
Certain exclusions apply to the guarantee, such as parts subject to wear and tear or customised items.
The products must be installed by a professional, and an invoice justifying this may be requested in the event of a complaint.
FRYSAF's liability is limited to the delivery of the product and the repair, replacement or reimbursement of defective products during the warranty period.
8. Out-of-warranty repairs
Out-of-warranty repairs are subject to prior quotation, and the cost is borne by the customer.
9. Sales contract
The sales contract is deemed to have been concluded on receipt of the order confirmation by e-mail or any other means of communication.
10. Payments
10.1 Goods are payable in cash by any means of payment available on the website. Prices are net in euros, excluding VAT, and are given for information only.
Prices are subject to change without notice.
10.2 Any delay in payment shall automatically give rise to compensation from 10%, which may not be less than EUR 50.00.
10.3 In addition, any delay in payment shall automatically give rise to late payment interest of 1% per month commenced, from the due date.
10.4 Non-payment of an invoice on its due date renders all invoices immediately payable and gives FRYSAF the right to suspend deliveries or terminate current contracts.
10.5 All judicial and extrajudicial costs incurred in recovering the principal debt and penalties shall be borne by the Customer.
10.6 FRYSAF retains ownership of the products delivered until full payment of the invoice, including taxes, accessories, interest, transport costs, etc..
FRYSAF may request the return of unpaid products, under penalty, until the Customer pays its debt.
However, the transfer of risk to the Customer takes place upon delivery, in accordance with these GCS.
10.7 FRYSAF reserves the right to grant payment terms of 30 days end of month, up to a ceiling assessed according to the risks incurred.
11. Right of withdrawal
The right of withdrawal under the Consumer Code does not apply to professional buyers. However, in certain specific situations, a right of withdrawal may be exercised within 14 days of receipt of the goods.
12. Applicable law - Disputes - Mediation
These GCS are governed by French law. In the event of a dispute, the parties will endeavour to find an amicable solution. Failing this, the matter will be referred to the competent courts.
The legal provisions relating to distance selling do not apply to transactions between professionals.
In addition, personalised or custom-made products are generally not subject to the right of withdrawal.
In case of exercise of the right of withdrawal under the conditions provided, FRYSAF undertakes to reimburse the buyer within the time limits and according to the procedures provided by law.
These GTC constitute the entire agreement between the parties and take precedence over any previous or contemporaneous document.
Any change to these general terms and conditions of sale must be agreed in writing between the parties.
If any provision of these GTC is invalid or unenforceable, the other provisions shall remain in force.
FRYSAF reserves the right to modify these terms and conditions at any time. The new terms and conditions of sale will apply to orders placed after their publication on the site.
By placing an order, the Customer acknowledges that he/she has read and accepted these GTS without reservation.
If you have any questions or concerns regarding these T&Cs, you may contact FRYSAF customer service for clarification.
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