General conditions of sale
1 – GENERAL PROVISIONS
Unless otherwise expressly agreed to by us in writing, all offers to supply our products are governed without exception by the general terms and conditions set forth below.
All orders automatically imply the Client’s acceptance of these general terms and conditions.
2 – ORDERS
Any modification or cancellation will only be accepted within 24 hours of receipt of the order form on company letterhead.
The contract is only definitively concluded after express acceptance of the order. Commitments made by our agents and representatives are only binding upon us after confirmation by the Company.
3 – PRICES
Our prices are valid for one month from the date of issue of the written offer.
These prices are established based on the economic conditions on the date of the offer or the order registration.
They may be revised based on changes in official indices and raw material prices.
4 – DELIVERY TIMES
The delivery times indicated in our order confirmations do not take into account factors beyond our control. However, we will make every effort to meet these deadlines. Any delays will not give rise to cancellation of the sale, refusal of the order, or claims for damages.
5 – TRANSPORT (MACHINE NOT DELIVERED)
Our goods are sold ex-works and are transported at the buyer’s risk, regardless of the mode of transport or the method of payment for transport (carriage paid or freight collect).
If our products are insured for their full value by us on your behalf, it is essential to check the condition of the goods upon delivery and in the presence of the carrier. You must then make the usual reservations* with the carrier at the point of delivery and within 48 hours by registered letter with acknowledgment of receipt, and send us a copy of the reservation letter within the same timeframe.
*Note: the phrase “subject to unpacking” is never accepted by insurance companies.
6 – ACCEPTANCE OF GOODS
Any claim regarding our products must reach us no later than eight days after receipt, by registered letter with acknowledgment of receipt, in order to be considered.
In all cases, our liability is limited to replacing the defective product.
7 – PAYMENT TERMS
First order: check or bank transfer upon ordering; subsequent orders are payable by bank transfer within 30 days of the end of the month, on the 15th.
8 – JURISDICTION CLAUSE
Any dispute arising from this preliminary agreement or its consequences shall be subject to the exclusive jurisdiction of the Commercial Court of Bar-le-Duc, regardless of any other general terms and conditions of purchase that may be included.
9 – LIMITATION OF LIABILITY CLAUSE WITH CAP
Under no circumstances, except in cases of gross negligence or willful misconduct, LDSA’s liability shall not exceed the amount paid by the client for the products or services in question.
The company shall not be held liable for any intangible and/or indirect damages, including but not limited to loss of profits, loss of customers, loss of revenue, loss of data, moral or commercial damages, or damage to brand image that the client may suffer.
10 – RETENTION OF TITLE CLAUSE
LDSA retains ownership of the goods sold until full payment of the price, including any additional charges and principal, has been received. The mere delivery of a negotiable instrument creating an obligation to pay does not constitute payment within the meaning of this clause. LDSA’s original claim against the customer remains in effect with all associated guarantees, including the retention of title, until said instrument has been effectively paid. In the event of non-payment or late payment, LDSA reserves the right to repossess the goods. In the event of seizure or any third-party intervention affecting the goods, the customer must immediately inform LDSA by registered letter or fax with acknowledgment of receipt. The purchaser is prohibited from selling the goods or pledging them before full payment to LDSA. Any late payment will incur a penalty at a minimum rate of one and a half times the legal interest rate.
11 – PROTECTION OF PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements personal data processing for the purpose of selling and delivering the products and services defined in this contract.
The Buyer is informed of the following:
– the identity and contact details of the data controller and, where applicable, the data controller’s representative:
the Seller, as indicated at the top of these Terms and Conditions;
– the contact details of the Data Protection Officer: contact@ldsa-france.com
– the legal basis for the processing: pursuant to Article L123-22 of the French Commercial Code, 10 years.
– The recipients or categories of recipients of the personal data, if any: the data controller, its marketing department, its IT security department, its sales, delivery, and order processing department, subcontractors involved in delivery and sales operations, and any authority legally authorized to access the personal data in question.
– No transfers outside the EU are planned.
– The data retention period: the statutory limitation period for commercial claims, according to Article L123-22 of the French Commercial Code, i.e., 10 years.
– The data subject has the right to request from the data controller access to their personal data, its rectification or erasure, or restriction of processing concerning them, as well as the right to object to processing and the right to data portability.
– The data subject has the right to lodge a complaint with a supervisory authority.
The information requested during the ordering process is necessary for invoicing (a legal requirement) and delivery of the ordered goods; without it, the order cannot be processed.
No automated decision-making or profiling is implemented during the ordering process.
For more information on this subject, you can consult the CNIL website: https://www.cnil.fr/
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