TERMS OF SALES

GENERAL REMARKS

All our sales are governed exclusively under the provisions of current French law at the time the sales contract is established binding us with our customer, as well as by these general terms of sale, which constitute an integral part of all our sales contracts.

PRICES

Our prices are set by the rate applicable on the delivery date. They are quoted net of tax and net of delivery charge if shipped from our warehouse, unless special sales conditions have been previously agreed. L’Herbier du Diois cannot be held liable for any inventory shortage.

All our offers remain valid for 30 days.

Packing costs (equal to €2 per reference item) will be added to any orders of less than 10 kg.

TERMS AND CONDITIONS OF PAYMENT

Payment of invoices is required within 30 days by bank wire transfer unless special sales conditions apply. The first order must be paid cash upon receipt of the purchase order confirmation.

No discount will be granted for cash payment, except in the event of prior agreement.

Any late payment will give rise, as legally authorized, to an interest charge levied at the legal rate plus 50%.

PAYMENT DEFAULT

Failure to make payment by the scheduled due dates shall, unless a payment postponement has been approved, lead to the following consequences:

  • Obligation to immediately settle all outstanding sums due;
  • Obligation to cover damages and interest and comply with a contractual penalty clause, in an amount set at 15% of total sums due, plus financial interest charges and any eventual court costs;
  • Immediate suspension of all upcoming deliveries.

DELIVERY CONDITIONS

The selected delivery method is established in the special sales conditions.

If delivery is delayed for reasons beyond our company’s control, the order will be considered delivered on the agreed date.

Delivery times are not contractually binding, and any eventual delays do not entitle our customers to cancel the sale, refuse merchandise or file a claim for damages and interest.

Our customers bear all risks associated with the goods upon being shipped out of our warehouses, especially during their period of transport. In the event of damage to goods during transit, our customers must notify the shipping company of all justified claims for damaged goods, within 2 days after receipt of the merchandise, by registered letter.

 

The buyer is responsible for verifying, in the presence of the shipper, the completeness of the delivered order and for explicitly stating in writing any eventual missing or damaged items on the packing list. This same information must be submitted to L’Herbier du Diois by registered letter with acknowledgement of receipt within 48 hours. In case of an obvious non-compliance (color, size, smell, taste) not indicated by the buyer prior to product use, combination with other ingredients or sale, L’Herbier du Diois will consider the product to be accepted and, as of this point, will remove its liability relative to any damages and losses resulting from product use.

CLAIMS FOR DAMAGES

All claims must be submitted within 15 days to L’Herbier du Diois by registered letter with acknowledgement of receipt. In the event of reservations regarding quantity or quality, these claims must be appraised and transmitted within no more than 8 days.

L’Herbier du Diois may on occasion provide certain information on the plants sold, in particular analyses and concentrations. The reliability of these analyses is assured by both our internal extraction method and the competence of the independent laboratories under contract.

The provision of these analyses in no way relieves our customers or their subcontractors of the responsibility of carrying out any and all inspections deemed critical prior to starting up production. L’Herbier du Diois only guarantees the reliability of these results over time, especially with respect to microbiological aspects, if the material is stored and then used under recognized adequate conditions, in temperature and humidity-controlled premises.

Consequently, any claim pertaining to such analyses must reach us within 15 days of product delivery, accompanied by the report of analyses conducted according to a Cofraq-certified method.

In the case where one or more of the points described above has not been fulfilled, the claim cannot be processed by L’Herbier du Diois.

TITLE RETENTION CLAUSE

It is expressly agreed herein that all goods sold are to remain the property of L’Herbier du Diois until their payment in full has been remitted.

In case of non-settlement by the due date of any scheduled payment, L’Herbier du Diois will lay claim to the goods. These provisions do not block transfer to our customers, immediately upon delivery, of the liability for all risks of loss and deterioration of goods sold, along with any damages they may potentially cause (Law 80-335, enacted 12th May 1980).

RETURNABLE PALLETS MANAGEMENT// EUR/EPAL MANAGEMENT

Existing rate of invoiced pallets :

  • EUR/EPAL pallet : 8€
  • Oneway pallet : 6€
  • Half-pallet : 4 €

Billing application for pallets :

  • Non-rendered EUR/EPAL pallet, sent via courier service => monthly billing
  • Impossibility of EUR/EPAL pallet exchange sent by charter => billing included in the delivery charges + “No exchange” mentioned on the delivery note.
  • Shipping of EUR/EPAL pallets out of France: billing is carried out with the shipment.

In case you wish to set up a contract, committing yourself to return all the pallets for a specific time period, we invite you to contact us.

Please note that UIC/EUR pallets have lost their approval since March 2017. They are now considered as heavy oneway pallets and cannot be exchanged.

 

COINCIDENCES AND ACTS OF GOD / FORCE MAJEURE

L’Herbier du Diois is hereby released from its obligation to deliver in all cases involving coincidence or Acts of God, including: flood, fire, strikes, shortage of raw materials, supplier failure, etc.

LIABILITY

L’Herbier du Diois guarantees that all goods sold per the present contract match the terms of quantity, quality and characteristics described in the price list and/or packing list. Should the goods fail to meet quality standards during a spot inspection, the customer needs to report such a defect immediately and would be entitled to receive a replacement of the merchandise or portion thereof determined to be of defective quality, excluding any repairs for any other damage, regardless of the type. L’Herbier du Diois will be exempt of liability should the goods be incorporated into other products or else deemed to be free of apparent defects regarding the quality inspected upon delivery. In the event of non-compliance or substantial defects and under the strict condition of having been informed by our customer within a maximum of 5 days from the date the customer took delivery of the goods, we shall honor our commitment to replace the goods.

We cannot be held liable or sued due to non-compliance or substantial defects of products specifically manufactured or marketed either by us or under our direct supervision. It is incumbent upon our customers to provide proof that any said non-compliance or substantial defects can be ascribed to our responsibility. No return of goods can be transacted without the company’s prior written consent.

No additional damages and interest can be claimed as compensation for commercial and other indirect losses resulting from any observed non-compliance or substantial defects.

Liability for our products reverts solely to our customers without the possibility of invoking our warranty. As experienced professionals, our customers are familiar with the characteristics of the products sold. They are responsible for informing consumers and their own clientele on the appropriate use of all products sold, whether they be as is, transformed or integrated into other products.

Except as stipulated above, no explicit or implicit warranty stemming from any related negotiation, correspondence or legislation is hereby being delivered, and this is so without any limitations pertaining to the quality, description, recipient, usable condition or any other characteristic of the goods sold within the scope of the present contract.

ASSIGNMENT OF LEGAL JURISDICTION

Any legal dispute of any kind will be solely referred to the jurisdiction of the Romans Commercial Court, regardless of the accepted means of payment and even in the case of an appeal invoking a warranty or involving multiple defendants.

 

THE PURCHASE OF OUR GOODS IMPLIES UNCONDITIONAL ACCEPTANCE OF THE PRESENT TERMS OF SALE.