Terms and Conditions
Article 1 - APPLICATION AND ENFORCEABILITY
The purpose of these General Terms and Conditions of Sale (the “GTC”) is to define the conditions under which the company DRIP BAG FACTORY provides professional buyers (the “Customers” or the “Customer”) with the products (the “Products”) presented on the DRIP BAG FACTORY website (dripbagfactory.com).
Any order for Products implies, on the part of the Customer, acceptance of these General Terms and Conditions and the general conditions of use of the DRIP BAG FACTORY website.
The information contained in DRIP BAG FACTORY catalogues, brochures and price lists is given for information purposes only and may be revised at any time. DRIP BAG FACTORY is entitled to make any changes it deems useful.
These General Terms and Conditions apply to all sales concluded by the company DRIP BAG FACTORY to professional buyers only and the Customer guarantees acceptance of said General Terms and Conditions in the event of resale in France or abroad by the sub-purchaser.
Unless otherwise agreed in writing by DRIP BAG FACTORY , the general or specific purchasing conditions of Customers, appearing in particular on the Customer's commercial documents, will be unenforceable and inapplicable to DRIP BAG FACTORY .
The waiver of a breach of these General Terms and Conditions does not constitute a waiver of any subsequent breach, whether identical or different.
The conditions under which the DRIP BAG FACTORY website uses cookies and may allow the collection and/or processing of personal data are set out in the Privacy Policy accessible at the following address: www.dripbagfactory.com.
Article 2 - ORDERS
2.1 Placing orders
To be able to place an order, the Customer must create an account on the DRIP BAG FACTORY website.
For orders placed online, the registration of an order on the DRIP BAG FACTORY website is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order. This validation implies acceptance of all the General Terms and Conditions which will form part of the sales contract.
The order must be accepted by DRIP BAG FACTORY , which will ensure in particular the availability of the Products requested and will send an email accepting the order to the Customer.
The sales contract is only formed upon receipt of the amount including tax of the order by DRIP BAG FACTORY .
The collection by DRIP BAG FACTORY of the amount of the order is confirmed by sending an email, to which the invoice will be attached.
The data recorded in the DRIP BAG FACTORY computer system constitutes proof of all transactions concluded with the Customer.
2.2 Cancellation of an order
The Customer may cancel his order only before the amount of the order has been received by DRIP BAG FACTORY .
The lack of raw materials, packaging or the inability for DRIP BAG FACTORY to obtain them in a normal way may result in the cancellation of the order without giving rise to any compensation. In this case, the Customer will be informed by email. In the event of cancellation of the order by DRIP BAG FACTORY after receipt of the order amount, DRIP BAG FACTORY will reimburse the Customer for the amount of the order, without the Customer being able to claim any compensation.
Article 3 - PRICES
The Products are supplied at the DRIP BAG FACTORY prices in effect on the day the order is placed.
The prices set on the website are subject to change depending on variations in production costs and the purchase of raw materials.
The final price of the order will be mentioned on the invoice, issued once the order has been accepted by DRIP BAG FACTORY .
These prices are in euros, net and inclusive of all taxes, ex-works. They do not include transport, any customs fees or insurance, which remain the responsibility of the Customer.
DRIP BAG FACTORY does not grant any discounts, rebates or reductions.
Article 4 - PAYMENT CONDITIONS
The price of the Products is payable in cash, in full, on the day the order is placed.
Payment is secure and is made by credit card via the dripbagfactory.com website.
Payments made by the Customer will only be considered final after actual collection of the sums due by DRIP BAG FACTORY .
DRIP BAG FACTORY will issue the invoice to the Customer by email upon receipt of the price.
Article 5 - DELIVERIES
5.1 Delivery times
The Products are deliverable upon receipt by DRIP BAG FACTORY of the price of the order.
The delivery dates indicated when placing the order are given for information purposes only: they cannot, under any circumstances, be considered as a commitment and any delays, whether due to a case of force majeure, a total or partial strike, a material breakdown or any other event beyond the control of DRIP¨BAG FACTORY, cannot be invoked as a cause for cancellation, nor give rise to any compensation for delay.
Lack of raw materials or the inability of DRIP BAG FACTORY to obtain them in a normal manner may cause a delay in delivery.
Except in cases of force majeure or lack of raw materials, the Products ordered by the Customer will be delivered within a maximum period of one (1) month from receipt by DRIP BAG FACTORY of the corresponding order.
5.2 Terms of delivery and transfer of risks
Delivery of the Products ordered and the transfer of the risks attached thereto take place upon delivery of the Products to the place indicated by the Customer.
5.3 Customer reservations upon delivery
The Customer is required to check the apparent condition of the Products on the day of delivery. In the absence of reservations expressly issued by the Customer upon delivery on the delivery note and confirmed by email to DRIP BAG FACTORY on the same day, the Products delivered by DRIP BAG FACTORY will be deemed to comply in quantity and quality with the order.
The Customer has a period of fourteen (14) days from the delivery of the Products ordered to issue, by email to the address contact@dripbagfactory.com, reservations to DRIP BAG FACTORY in the event of non-compliance with the order. No claim may be validly accepted in the event of non-compliance with these formalities by the Customer.
No delivered Product may be returned without the prior agreement of DRIP BAG FACTORY .
In the event of non-compliance with the order duly proven by the Customer, DRIP BAG FACTORY will replace as soon as possible and at its own expense the Products delivered whose lack of conformity is proven.
5.4 Conditions of use of the Products upon delivery
The Products must be stored at the Customer's premises in their original packaging, in a closed and clean room, protected from direct sunlight and significant variations in temperature and humidity.
Article 6 - CUSTOMER LIABILITY
Any order implies that the Customer has ensured that the Products ordered comply with the legal requirements concerning the final product to be packaged or conditioned.
Before ordering any Products, the Customer must ensure that the Products are compatible with the content for which they are intended and their method of packaging.
The Customer is solely responsible for the destination of the Products, in particular their compatibility with the content, their final use and the legal requirements required for this purpose, in particular, DRIP BAG FACTORY cannot be held responsible for reactions of the support, caused in the Customer by changes in temperature, dryness, humidity or by too long a storage period.
The Customer declares and acknowledges having fully informed himself about the compatibility of the Products with the use for which they are intended. The Customer will hold DRIP BAG FACTORY harmless from any claim to this effect.
Article 7 - RESPONSIBILITY OF DRIP BAG FACTORY
7.1 Limitation of liability clause
In any event, the contractual liability of DRIP BAG FACTORY is limited to direct, personal and certain damages that the Customer may suffer, to the express exclusion of compensation for any indirect and immaterial damage and/or loss such as any damage other than physical or material and in particular any economic or financial loss, loss of use, deprivation of enjoyment of a right, interruption of services, loss of customers and more generally depreciation of assets, additional costs and operating losses.
DRIP BAG FACTORY cannot be held liable:
- in the event of use of the Products not in accordance with legal requirements,
- in the event of incompatibility of the Products with their content and packaging,
- in the event of improper use of the Products,
- and generally, as indicated above.
If the contractual liability of DRIP BAG FACTORY were to be incurred, the maximum amount of compensation to which the Customer could be liable may not under any circumstances exceed the total purchase price excluding tax of the Products.
7.2 Force majeure
The contractual liability of DRIP BAG FACTORY is excluded if the non-performance or delay in the performance of one of its obligations described in the GTC results from a case of force majeure or similar (strikes, lockouts, riots, war, failure to transport, power interruption, interruption of supplies beyond the control of the seller, factory accidents, flood, fire, etc.).
Article 8 - APPLICABLE LAW AND JURISDICTION
By express agreement between the parties, these General Terms and Conditions and the purchase and sale transactions resulting from them are governed by French law.
All disputes to which this contract and the agreements arising from it, concerning their validity, interpretation, execution, resolution, consequences and consequences, will be submitted to the Commercial Court of Paris (France). These tolerances are understood for each item of an order taken individually, each width or format being considered as a different item.
Article 9 - AUTONOMY OF PROVISIONS
In the event of nullity or unenforceability of one of the provisions of these General Terms and Conditions, the other provisions shall remain in force.