Conditions of sale Lacadée SAS

Scope of terms and conditions of sale

These General Conditions of Sale apply automatically to any sale of products (cereals, fertilizers, seeds, plant protection products, etc.). Any order implies unreserved adherence to these Terms and Conditions which prevail over any other conditions, except those which have been expressly accepted by the seller. Any customer conducting an initial transaction with LACADEE will have to open an account for this purpose.

Orders sent directly by customers or sent by our agents or representatives must be expressly accepted by the company LACADEE.

Conditions and information relating to plant protection products

The sale of plant protection products for professional use shall be reserved for customers who attest to their professional user status by the presentation of the evidence referred to in the regulations in force and for persons on whose behalf professional users will use those products subject to the conditions and the presentation of the evidence provided for that purpose by the regulations in force. The safety data sheets (FOS) for plant protection products sold by the company are available on quickfds.com or may be requested from LACADEE. The issue of plant protection products is authorised only for professional users who may, in case of absence, delegate the supply to the seller. Such delegations should be made in writing on the request to open an account. Thus, in the absence of a reference as a professional user, the person supplying the repository must have received a delegation and have a justification.

The customer undertakes to follow closely the conditions of use and safety of plant protection products and relieves LACADEE of any liability for any damage resulting from non-compliance with the recommendations for use, the risks inherent in the storage and handling of the products and the fact that the goods delivered are not suitable for the purpose sought by the user.

Delivery – Risk transfer

A place must be designated for the delivery of the products when ordering. In case of further modification, the customer undertakes to inform the seller immediately. The delivery and transport times provided for in the order are given only as an indication. Any delays do not give the customer any right to cancel the sale, refuse the goods or claim damages.

In the event of delivery in the absence of the customer and in the absence of a written challenge within eight years, the delivery shall be deemed to conform to the delivery order in quantity and quality.

In general, claims concerning deliveries must be submitted by any written means within 8 days of receipt of the goods being specified that it must be in its original packaging and subject to specific and reasoned written reservations made by the consignee upon receipt.

In the case of a "departure LACADEE" sale, the transfer of the risks on the goods sold by our company takes place at the delivery of the goods to the carrier or at the exit from our premises. Goods travel at the risk of the customer. In the event of damage, loss or missing, or any other problem, it is for the carrier to make any reservation or to exercise any recourse to the responsible carriers in accordance with Article L 133-3 of the Commercial Code. Each delivery of granulated fertilizers (excluding small packagings) greater than or equal to 8 tonnes at one delivery point on the same day will result in a logistical discount on invoice of 12 euros HT/tonne.

Invoice – Price – Payment

Unless otherwise expressly specified, the prices of the products sold shall be those set out in the price on the day of the order expressed in euros and stipulated without taxes. The seller reserves the right to periodically change its unit scales. In the absence of the return of the duly signed order form, the order form(s) sent by mail will be considered accepted by the customer without the customer's contrary return by e-mail within 72 hours. Invoices due are payable at the head office and on the due date of the invoice. Complaints regarding our invoices must be submitted by registered mail no later than 15 days from the date of issue. In the absence of payment of any of the maturities, the other maturities will immediately become due, even if they have given rise to drafts. LACADEE reserves the right to suspend or cancel orders not yet delivered. This option also applies where the buyer cannot provide sufficient solvency guarantees to the seller.

Any delay in payment shall entail, in addition to a flat-rate payment of EUR 40 for recovery costs, penalties calculated on the basis mentioned on the front of the invoice and payable on the day following the expiry date of the invoice (Articles L441-3 and 1441-6 of the Commercial Code).

Reservation of title clause

By express agreement, the goods delivered remain the property of the seller until full payment of the price and its accessories. The default of any of the deadlines may result in the claim of the property. LACADEE reserves the right, without formality, to take back material possession of the supplies at the expense of the customer and at his risk. In the event of the resale of the supplies, before full payment of the price and its accessories, the customer undertakes, on first request, to assign to the company LACADEE all or part of the claims on its sub-purchasers due to the value of the goods subject to retention of title.

Liability

In the case of sales of products packaged by the manufacturer, our responsibility is expressly limited to the resale, in their original packaging, of products guaranteed by the manufacturer in compliance with the law. No liability may be held against LACADEE Company for any use of the goods sold for a purpose other than that for which they were manufactured or authorized. The same applies to changes in goods or alterations due to poor storage, transport or handling conditions. The user must also ensure that the product is compatible with the intended use and in accordance with the labels and instructions for use of the products.

The seller certifies that he has subscribed to an insurance policy guaranteeing his professional civil liability for all the activities and obligations arising from these general conditions of sale. The seller may, at the request of the customer, provide him with a certificate from his insurers, listing the guarantees subscribed.

Protection of personal data

The information you provide when opening or updating your customer account is intended for the authorized staff of the LACADEE company designated as processing manager. Your data is used to manage your customer account but also for processing and tracking your orders, VAS of ordered products, marketing management, customer relationship and recovery of unpaid payments. Your data may be transmitted to LACADEE providers for order processing, VAS processing and customer relationship management purposes.

Unless expressly opposed by you, the data submitted to LACADEE may be used for prospecting and commercial relations.

In accordance with the "Computers and Freedoms" Act of 6 January 1978 as amended and European Regulation No 2016/679/EU of 27 April 2016, you have the right to access, rectify, portability of data and erasure or restriction of processing as well as the right to object to commercial prospecting. You may also, for legitimate reasons, object to the processing of your data. You may, subject to the production of a valid proof of identity, exercise your rights by contacting by registered letter with acknowledgment of receipt the company "ETS LACADEE SAS, 19 route from N Personal data collected by LACADEE in connection with the creation of your customer account and the placing of orders for products and/or services shall be retained for a period of three years from the last of your orders.

LACADEE, the company responsible for processing, guarantees that it has taken all appropriate precautions, in view of the nature of the data and the risks presented by the processing, to preserve the security of the data and, in particular, to prevent them from being distorted, damaged or unauthorized third parties having access to it.

Claims – Disputes

Any claim must be addressed by registered letter with acknowledgement of receipt at the LACADEE head office.

Any dispute relating to the present sale, even in the event of a claim for security or a plurality of defendants, shall be within the exclusive jurisdiction of the Court of First Instance of the registered office of the company LACADEE.