ARTICLE 1: PURPOSE
These general conditions of sale give details of the rights and obligations of the company MOLYDAL, limited company with board of directors, with head office at
Z.A.E.T. - 221, RUE PAUL LANGEVIN
60744 SAINT- MAXIMIN CEDEX,
registered with the Compiègne commerce and companies register under No. 582 025 409 and its professional customers for the sale of goods offered for sale on the website: www.molydal.com
The site is reserved for professional purchasers. By placing an order, the purchaser guarantees MOLYDAL that it is acting as a professional.
These general conditions of sale do not apply to professionals who are already customers of MOLYDAL (to whom special sales conditions will be applied). They apply only to new professional customers.
Unless there are special written agreements, all orders shall automatically entail the purchaser's adherence to these general conditions of sale notwithstanding any stipulation in their own general conditions of purchase.
The customer is expressly informed that these general conditions may change, the new general conditions updated if necessary being specified on the website and on each new quote, with the date of their entry into force.
No recourse that may be made against MOLYDAL may under any circumstances and whatever the cause may exceed the limits set down in its civil responsibility insurance contract. If there is no guarantee, no recourse will be possible.
ARTICLE 2: PRODUCTS
MOLYDAL uses all the means at its disposal to give a precise description of their products on the site. Thus the main characteristics of the products are shown on the Internet site "product sheets".
However, although MOLYDAL makes every effort to ensure that the products conform to the descriptions in its technical sheets, it cannot be held responsible for errors or inaccuracies in the photographs or graphic depictions. The photographs illustrating the products are non-contractual.
All products sold by MOLYDAL on the site comply with the French legislation in force and with the standards applicable in France. The product expiry dates shown on the containers must be respected by the customer.
MOLYDAL reserves the right to change or remove any information given on the site concerning any or all products.
MOLYDAL reserves the right to remove any/all products from sale on the site.
The products are offered subject to their availability given on the site. If a product should prove unavailable after definitive validation of the order by the purchaser, MOLYDAL will inform the purchaser by email of the automatic cancellation of the order for the unavailable product. If the purchaser's order has been debited before the unavailability of the product was apparent, the purchaser will be reimbursed with the cost of the product on the debited bank account within 8 (eight) working days.
ARTICLE 3: PRICES
The prices of goods sold are those in force on the day of the order, displayed on the site at the time of the order or on the specific quote given by MOLYDAL. They are expressed in Euros and calculated before VAT and ex-works.
They will therefore be increased by the VAT rate and the transport costs applicable on the day of the order.
MOLYDAL reserves the right to revise its prices at any time. However, it undertakes to invoice the ordered goods at the prices given when the order is registered. The order is registered when online payment has been validated.
Our prices are based on:
For packages greater than 1 L or 1 kg, our prices apply per LITRE or per KILOGRAM.
These prices apply only to new professional customers; special sales conditions will apply to professionals who are already MOLYDAL customers.
For export and for orders to Overseas France, Corsica or to foreign countries, a quote should be requested as specified in point 4.2 of these general sales conditions or MOLYDAL should be contacted directly.
ARTICLE 4: ORDERS
Orders placed on the site of MOLYDAL are only for delivery in France. For all other countries (overseas France, Corsica or foreign countries), only requests for quotes are possible.
Before placing their first order or request for quote on the site, the customer must create a customer account in the section "My account" on the site www.molydal.com. The customer must complete the whole of the form provided with the required details and must give a valid email address.
The customer shall undertake to provide MOLYDAL with complete and accurate information. They must keep their personal information updated.
From then on, after their first purchase or first request for a quote on the site, and to place any new orders or request quotes, the purchaser must log in to their customer account in the section "My account" on the site www.molydal.com.
MOLYDAL may at any time deactivate a customer's "customer account" at its sole discretion, in particular (but not exclusively) in the case of suspected identity theft by a third party, failure to respect the general conditions of sale or default of payment for a previous order. In addition, a customer can ask MOLYDAL to deactivate their customer account.
The customer is responsible for the security of the login and password chosen to create their customer account. Every connection to this account using the purchaser's login and password is assumed to be made by them.
4.1. ORDERS FOR DELIVERY IN METROPOLITAN FRANCE (EXCEPT CORSICA)
4.1.1. Placing an order
All the steps required to place an order are explained on the site. The purchaser follows the online sales path to finalise the order completely:
4.1.2. Order confirmation
MOLYDAL will send the Customer an email confirming that the order has been received, provided the customer has given a valid email address in their customer account. If a confirmation email is not received, the purchaser should contact MOLYDAL.
Orders sent to our company cannot be revoked by the customer. Under no circumstance, with the exception of force majeure, can the customer cancel a firm order.
MOLYDAL cannot be held responsible for impossibility to deliver the product(s) if the customer has wrongly given their delivery address or any other information.
4.2. Request for quote for delivery to overseas France, Corsica or foreign countries
For all delivery requests of orders to overseas France, Corsica or foreign countries, a quote should be requested.
After creating an account or logging on, the customer must:
The customer will then receive a message confirming that the request for a quote has been sent. MOLYDAL will get back to the customer with a response as quickly as possible.
ARTICLE 5: PAYMENT
5.1. For orders delivered to metropolitan France (except Corsica)
The order is payable in cash in full on the day it is placed by the customer.
Orders are paid by bank card.
5.2. For all other orders
For all delivery requests of orders to overseas France, Corsica and foreign countries, the payment methods are given on each requested quote.
ARTICLE 6: LATE PAYMENT
Except for payment online and unless agreed otherwise, our invoices are payable on receipt of invoice to our Head Office.
In the case of late total or partial payment, in accordance with article L441-10 of the French Commercial code, an indemnity calculated on the basis of three times the legal interest rate in force on the day the goods are delivered. This penalty is calculated on the amount including VAT of the sum remaining due, and runs from the payment due date without formal notice being necessary.
In addition to the late payment indemnities, all sums, including the deposit, not paid by its due date shall automatically incur a fixed indemnity for recovery costs of 40 Euros (decree No. 2012-1115 of 2 October 2012). When the recovery costs are greater than 40 €, a supplementary indemnity may be asked for.
In case of late payment, MOLYDAL reserves the possibility of suspending or cancelling all pending orders, without prejudice to all other recourse, and the immediate compulsory payment of the sums remaining due, whatever the payment method envisaged.
ARTICLE 7: TRANSPORT
All goods sold are transported at the consignee's risk whatever the mode of transport or methods of payment of the transport cost, carriage paid or due.
In the event of missing or damaged products on arrival, the consignee should:
a) write their reserves on the carrier's receipt, stating precisely the number of parcels missing or damaged or the subject of the complaint (leaks, damaged drums, etc.)
b) confirm the reserves with the carrier within three days following delivery, by registered letter with copy to our sales department stating the order references (cf. article L133-3 of the French Commercial Code).
c) no complaint will be accepted if reserves have not been expressed to the carrier.
ARTICLE 8: RETURNING GOODS
In principle, our goods are not returnable. However, and without prejudice to the arrangements to make with the carrier in accordance with the above article, in case of complaint based on manifest defects and non-conformity of the products, the complaint will only be accepted if it is made within 24 hours following receipt of the goods.
ARTICLE 9: RETENTION OF OWNERSHIP CLAUSE
Under the law of 12 May 1980, the ownership of goods subject to this sales contract shall not be transferred to the purchaser until total payment of the agreed price, principal and ancillary costs.
In case of non-payment, even of part of the price at the due date, the seller reserves the possibility of requiring the goods to be returned, the purchaser being only the custodian until complete payment.
If the purchaser is the subject of receivership or liquidation, the company Molydal reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
ARTICLE 10: DELIVERY
Delivery to metropolitan France (except Corsica):
The delivery times are given for information purposes only and are not subject to any guarantee. In consequence, no reasonable delay shall give the purchaser the right to cancel the sale, to refuse the goods or to claim damages. The company is free from any obligation for delivery in the event of any unforeseeable circumstances or force majeure.
For all deliveries to overseas France, Corsica or foreign countries, only requests for quotes are possible.
ARTICLE 11: CANCELLATION CLAUSE
If within fifteen (15) days following the application of the "Late payment" clause the purchaser has not paid the sums remaining due, the sale shall be cancelled automatically and may open the right to damages awarded to the company MOLYDAL.
ARTICLE 12: FORCE MAJEURE
The responsibility of the company MOLYDAL cannot be engaged if it fails to execute, or is late in the execution of one of its obligations described in these general conditions of sale as a result of force majeure. In this respect, force majeure means any unforeseeable and unavoidable external event within the meaning of article 1218 of the Civil code.
ARTICLE 13: INTELLECTUAL PROPERTY
The site internet www.molydal.com, all the separate parts of it, including brand, domain name, database, graphic charter, illustration, animation, image, text, etc., are protected by intellectual property rights.
MOLYDAL holds the full ownership of these intellectual property rights. In virtue of this, any copy, reproduction, adaptation, alteration, modification, unauthorised circulation, whole or partial, extraction or reuse, repeatedly or systematically, including for private purposes, of all or part of the site, and by any means whatsoever, requires the prior written consent of MOLYDAL. Otherwise, any one of these operations constitutes a fraudulent act.
ARTICLE 14: APPLICABLE LAW
These general conditions of sale are subjected to French law.
ARTICLE 15: RÉSOLUTION OF DISUPTES & COMPETENT COURT
In case of dispute between MOLYDAL and the professional customer, they shall seek an amicable solution.
Any difficulty or dispute not settled amicably shall be referred to the Commercial Court in the place of the head office of MOLYDAL, whatever the delivery location and method of payment.
The total or partial invalidity of any one of the provisions in these general conditions of sale shall not affect the validity of the other provisions.
Date of placing online:
