GTCS - General Terms and Conditions of Sale
1. THE COMPANY
2. PREAMBLE
3. APPLICABLE LAW
4. LEGAL AGE AND LEGAL CAPACITY – CAPACITY OF REPRESENTATION
5. PRODUCTS/ GUARANTEES
6. ORDERS
7. PRICES
8. PRICE REDUCTIONS - EARLY PAYMENT DISCOUNT – PROMOTIONAL OFFERS
9. PAYMENT TERMS
10. RETENTION OF TITLE CLAUSE
11. DELIVERIES AND TRANSFER OF RISK
12. TAKING BACK AND RETURN OF PRODUCTS
13. LIABILITY - GUARANTEES
14. FORCE MAJEURE
15. INTELLECTUAL PROPERTY
16. PERSONAL DATA PROTECTION
17. RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
18. CUSTOMER SERVICE
19. ENTIRETY OF THE CONDITIONS
20. APPLICABLE LAW – ELECTION OF DOMICILE AND JURISDICTION
1- THE COMPANY
The company FIRST FOURNITURES INGREDIENTS RELISHES SAUCES ET TECHNIQUES POUR LE FAST FOOD ET LA COLLECTIVITE (hereinafter referred to as "FIRSTPACK" or "the Seller"), a company with share capital of 1,000,000 EUR, registered with the Evry Trade and Companies Register under number RCS 325 476 919, holder of intra-Community VAT number FR 57 325 476 919 and whose registered office is located at 4 Rue Nicéphore Niépce, 91420 Morangis, e-mail: contact@firstpack.fr, is engaged in the trade of food packaging and food hygiene products, and offers the said items to its customers (hereinafter referred to as "PRODUCT(S)") via its website: https://www.firstpack.fr/, and by telephone (01 69 10 24 94 and from abroad: +33 1 69 10 24 94)
The website www.firstpack.fr is hosted by SAS OVH, Siret 42476141900045, 2 rue Kellermann 59100 Roubaix
2- PREAMBLE
These General Terms and Conditions of Sale (hereinafter the "GTCS") constitute, in accordance with Article L 441-6 of the Commercial Code, the basis of the commercial relationship between the parties. They apply to professional buyers wishing to acquire, for the needs of their professional activity, the products offered for sale by the company FIRSTPACK, also referred to as "the Seller") on its Website www.firstpack.fr (hereinafter referred to as "the Site").
These General Terms and Conditions also govern sales of products to consumer customers, it being specified that certain provisions of these General Terms and Conditions concern consumer customers or professional customers exclusively (statements to this effect are made in such cases).
A consumer is any natural person who purchases a product for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
The GTCS may be consulted by any User on the Site by accessing the "GTCS" page. At the Customer's simple request, they may also be sent by email, fax or post. When in their Customer area as defined in the General Terms of Use, the Customer again has the opportunity to consult the GTCS. The Customer must expressly accept the GTCS by ticking the box "I have read the general terms and conditions of sale and I accept them" prior to validating each order. By this action, the Customer thereby acknowledges having read and understood these GTCS and accepts them without restriction or reservation. Insofar as the Customer orders online, the "double click" associated with the authentication procedure (login and password) constitutes an electronic signature within the meaning of Article 1316-1 of the Civil Code.
Unless expressly accepted by FIRSTPACK, the GTCS prevail over any purchasing conditions or other contractual terms appearing in commercial documents issued by the Customer. FIRSTPACK reserves the right to amend these GTCS at any time. Any amendment is immediately applicable to new orders.
Objectively defined categories of Customers may be subject to specific general terms and conditions of sale. For these categories of Customers, special terms and conditions of sale set out specific prices which may differ from the indicative prices mentioned in the catalogue.
FIRSTPACK consequently reserves the right to derogate from certain clauses of these GTCS, depending on the negotiations conducted with the customer, by establishing Special Terms and Conditions of Sale.
The fact that the Seller does not avail itself at any given time of any of the conditions of these GTCS cannot be interpreted as a waiver of its right to avail itself subsequently of any of the said conditions.
3- APPLICABLE LAW
These GTCS and the purchase and sale transactions arising from them are governed by French law. They are drafted in the French language. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.
4- LEGAL AGE AND LEGAL CAPACITY – CAPACITY OF REPRESENTATION
The user of the site, if a natural person acting on their own behalf, declares that they have the legal capacity to enter into this contract, the General Terms and Conditions of Sale of which are set out below, that is to say that they have reached the age of majority and are not under guardianship or curatorship.
The user of the site, if a natural person acting as the representative of a legal entity, declares that they have the legal capacity to enter into any contract in the name and on behalf of the legal entity they represent. They are deemed to bind the legal entity they represent.
5- PRODUCTS/ GUARANTEES
The products offered for sale by FIRSTPACK are those appearing in the paper catalogues and on the website (https://www.firstpack.fr/), available in paper format or in electronic version on our website.
FIRSTPACK may also offer made-to-measure products, customisable products and/or products not included in the Catalogue on specific order by the customer.
The product descriptions and information appearing in FIRSTPACK's catalogues and brochures are provided to the customer for information purposes only and are not exhaustive.
Products may be withdrawn or modified without notice, in particular in the event of modifications or withdrawals made by our suppliers. The characteristics, dimensions, capacities, weights, photographs and graphics presented on the Site or in emails sent by the Seller are purely indicative and not contractual. In particular, there may be variations in the dimensions, weight and capacity of the products, notwithstanding the gauging, which is purely indicative and which it is the Customer's responsibility to check. Furthermore, any difference in the perception of shapes and colours between the photographs or graphics presented and the products cannot give rise to any liability on the part of the Seller.
The product data sheets, where they exist, present the essential characteristics of the products, of which the Customer must take note. The information and characteristics of the products are those provided by the Seller's suppliers. The Seller is in no way responsible for any erroneous data that may be transmitted by the said suppliers.
6- ORDERS
Any order for products placed by the Customer, directly on the site, by telephone, by fax or by email or post, implies full and unreserved acceptance of these GTCS, which the customer acknowledges having previously read, understood and accepted.
Once validated by the Seller, orders are considered firm and final.
Requests for modifications, additions, cancellations or other adjustments to a firm order must be expressly agreed by the Seller. In the absence of such agreement, the initial order stands and its amount is due.
With regard to personalised products, products that have been the subject of a special order and are not offered in the catalogues or on the Website, products manufactured on request, and personalised or made-to-measure items, no cancellation can be accepted and the amount of the order is due in full. FIRSTPACK disclaims all liability with regard to the technical specifications, characteristics and references stipulated by the Customer when placing the order, should they prove to be inadequate or incorrect.
6.1- Placing an order
The Customer may place an order with the Seller by the following means:
- Online on the website www.firstpack.fr - By e-mail: contact@firstpack.fr - By telephone on 01 69 10 24 94 - By fax: 01 69 34 87 3
- by post: FIRST FFC 4 rue Nicéphore Niépce – 91420 MORANGIS
When the order is placed on the Site, the Customer must follow the various steps displayed on the Site, in the Customer area. A summary of the order is displayed before the Customer is invited to "Validate" their order. Once this validation has been carried out, the order is registered. It becomes firm and final.
When the order is placed by email, fax or post, the order must contain at least the following information:
• Customer number or any information usually requested for online registration, in particular SIRET number and K BIS extract for professional customers.
• The Customer's company name;
• identification of the products ordered with the references indicated on the Site (references including colour options, sizes, etc.);
• The quantities and description of the Products ordered;
• information required for delivery (precise delivery address and any restrictions on access to the place of delivery, delivery contact and their telephone details);
• chosen method of payment.
• The date of the order;
• The order number;
• The invoicing address;
• The contact details of the Customer's contacts and of the recipient (telephone details and e-mail address);
• The desired delivery date;
In all cases, the Customer is responsible for the accuracy and completeness of the information given when placing the order. Accordingly, the Seller disclaims all liability with regard to the technical specifications, characteristics and references stipulated by the Customer when placing the order, should these prove to be inadequate or incorrect. Furthermore, the Seller cannot guarantee the consequences of, or be held liable for, additional delivery times or additional delivery costs caused by an error by the Customer in indicating their address and/or the delivery address. In such cases, the costs incurred by the Seller as a result of errors in the information provided by the Customer shall be borne by the latter, in particular the costs of re-dispatching the order.
The customer may check the details of their draft order and correct any errors in the "My basket" section.
6.2 - Date of the order – processing of the order
The order will be processed by FIRSTPACK from the date of the order if it is placed before 10 a.m. (ten a.m.) and on a working day. The order is deemed to be registered by FIRSTPACK on the working day following the date of the order if it is placed after 10 a.m. (ten a.m.).
The order is taken into account and the standard delivery period starts to run on the day of the order if it is registered on a working day before 10 a.m. (ten), or on the working day following the date of the order if it is placed after 10:00. For "express" orders, the order is taken into account and the delivery period starts to run on the day of the order if it is registered on a working day before 10 a.m. (excluding delivery to Corsica and outside metropolitan France, for which the delivery period is longer).
The order is deemed to be registered by FIRSTPACK from the date of receipt of the order form with its payment attached for consumer customers and/or payment by bank card online.
For professional customers, the Date of the order is deemed to be:
• the date of the order confirmation sent by FIRSTPACK, subject to the condition precedent of receipt and collection of the means of payment (magnetic bill of exchange (LCR), SEPA mandate in the case of direct debit, administrative payment order, bank transfer).
In the event of payment by bank transfer, the order will be processed upon receipt of the transfer or subject to its collection.
The transfer must be sent to FIRSTPACK's account, without forgetting to indicate the order number.
In the event of payment by administrative payment order, a copy of the administrative purchase order must be sent to FIRSTPACK – Customer Accounts Department – 4 rue Nicéphore Niépce 91420 MORANGIS – together with the order number, or by email (contact@firstpack.fr).
From the time the order is registered, it is considered irrevocable and may only be called into question in the cases exhaustively provided for below.
6.3 – Proof of the order
By mutual agreement between the Parties, the data recorded by FIRSTPACK constitutes proof of all orders placed by Customers, and in particular of their date and content, as well as of any exchanges between FIRSTPACK and its Customers.
Information relating to any transaction carried out using the Customer's login will be stored and archived by FIRSTPACK and will serve as proof in the event of any dispute in accordance with the applicable legal provisions. It will be kept by FIRSTPACK for a period in accordance with the legal provisions in force. In all cases, confirmation of the order by FIRSTPACK shall constitute proof of the order and shall make the amount of the order payable.
6.4 - Availability of Products
The Seller undertakes to fulfil orders received and confirmed within the limits of its available stock. It is specified that certain products identified by the status "On order" are not held in stock by the Seller; these orders will therefore be fulfilled within the limits of the available stock of the supplier/manufacturer of these products. If the product(s) are unavailable, the Seller undertakes to inform the Customer as soon as possible. In the event of unavailability, the Seller may offer the Customer either a product of equivalent quality or price, or a new delivery time for the product, or the cancellation of the order. The Customer's formal agreement will then be requested by the Seller before any dispatch.
In the event of cancellation, the customer will be refunded using the means of payment used for their order (bank transfer, bank card) within fifteen (15) days of receipt of their refund request.
FIRSTPACK reserves the right to make partial deliveries in the event of a stock shortage.
6.5 - Order confirmation
Sales are only final after express written acceptance of the Customer's order by FIRSTPACK, which will in particular ensure the availability of the products requested.
The registration of the order and its acceptance are confirmed by sending an email to the address indicated by the customer in the order.
For orders placed via our website, an order is registered after acceptance of these GTCS and after validation of the order by FIRSTPACK.
The Seller does not send order confirmations by post or fax.
No final order may be cancelled or modified by the Customer, subject to the provisions of Article 17 relating to the right of withdrawal applicable to consumers.
6.6 – Order tracking
The Customer may at any time check the status of their order on the Site, under the "My account" section. This tracking allows the Customer to know the processing status of their order and the dispatch or delivery status of their parcels.
6.7 – Modification/cancellation of an order
Requests for modifications, additions, cancellations or other adjustments to a firm order are taken into account insofar as the Seller is able to do so, the initial order remaining valid. The Customer's requests must be made to the Seller's Customer service, whose contact details are given in the Customer's area. In all cases, requests for modifications or cancellations of orders by the Customer must be expressly agreed by FIRSTPACK.
7- PRICES
The prices of the products shown on the Site are expressed ex the Seller's warehouses, net, exclusive of current or future taxes and various duties (such as VAT …), according to the price list in force on the day of the order. They include the eco-contribution for products subject to it.
They do not include transport, shipping costs, any customs duties or insurance, which remain payable by the customer. Delivery costs of 10.90 € excl. VAT are charged for any order with an amount of less than 190€ excl. VAT.
These prices are firm and not subject to revision during their period of validity, as indicated in our catalogue or on the website and, where applicable, in the special conditions agreed with the customer.
FIRSTPACK sells products whose prices are subject to ongoing fluctuations, since they depend in particular on the contracts entered into with suppliers, on special orders and on the price of raw materials. Prices may vary in the event of exceptional changes in raw material prices, limited-time promotional offers and/or changes in the regulations relating to eco-contributions or other taxes. FIRSTPACK reserves the right to modify them at any time.
They may also vary for reasons of launch prices or promotions.
The reference price is the price indicated on our website www.firstpack.fr at the time the order is placed.
Customers who are natural persons qualifying as consumers will pay a price inclusive of all taxes for France and Europe. For Switzerland and the French overseas departments and territories (DOM-TOM), they will pay a price exclusive of taxes
Any change in the applicable VAT rate will be automatically reflected in the price of the products sold by FIRSTPACK on its site.
For deliveries and services outside French territory, the provisions of the General Tax Code relating to VAT will apply. In the event of a sale within the European Union, the Customer is required to provide the Seller with their intra-Community VAT number.
8- PRICE REDUCTIONS - EARLY PAYMENT DISCOUNT – PROMOTIONAL OFFERS
The customer may benefit from discounts and rebates on FIRSTPACK's prices, depending on the quantities purchased or delivered, at one time and in one place, or on the regularity of their orders.
The prices, conditions and scales of discounts and rebates are communicated by FIRSTPACK to the Customer on simple request. Discounts, reductions and rebates will only take effect after they have been signed and cannot be applied retroactively.
Only one individual discount (for example a promo code) is granted per order. When purchasing a product in multiple quantities, the discount only applies to the first unit, unless otherwise stated in the notice sent with the promotion or discount code.
Discounts, promotional codes, gifts or vouchers are valid until the expiry dates indicated either on the Site or in the letter or email accompanying the description of the special offer, and while stocks last.
In the event of early payment, a discount will be calculated on the basis of 0.5% per full month.
9- PAYMENT TERMS
9.1 - Means of payment
The price is payable in cash, in full within 30 calendar days from the date of issue of the invoice.
It is specified that FIRSTPACK issues electronic invoices. They serve as original invoices for the purposes of Articles 286 and 289 of the General Tax Code. By accepting these GTCS you agree to receive invoices in electronic format.
Payment may be made:
- by bank transfer, if you have a customer account, using the bank details (RIB) shown on your invoice.
- by CB, MasterCard®, Visa ®, American Express® bank card issued by a banking or financial institution located in the European Union or in Monaco. directly online on our website or by telephone. Payment is secure. In the event of payment by bank card, the CUSTOMER's bank account will be debited after a period of one (1) day following the date of the order, and the order will be considered effective after confirmation of authorisation by the bank payment centres. In the event of refusal by the bank, the
order is not taken into account by the site. The products remain available in the basket. The customer must then ask their bank for the reason for this refusal and/or choose a different means of payment. The customer must then take the necessary steps to make the payment to FirstPack within one (1) month of the date of the order. After this period, the order will be automatically cancelled.
- by administrative payment order from French public administrations
- via your Paypal ® account.
For any other method of payment, please contact our customer service on 01 69 10 24 94.
9.2 – Security of transactions
In order to optimise the security of transactions on the internet, the site uses an SSL (Secure Socket Layer) online payment system, so that all means are implemented to ensure the confidentiality and security of the data transmitted in the context of an online payment.
To benefit from the SSL secure payment method, the CUSTOMER must use browsers compatible with the SSL system.
9.3 - Invoice
The order form that the Customer completes online or the order confirmation sent by email to the Customer does not constitute an invoice. For all ordering methods (site, telephone, email, post via the sales network), the original invoice is issued in the Customer access area, under the "My Account" section. It is the Customer's responsibility to download the invoices issued and available in the Customer access area, under the "My Account" section, onto a medium belonging to them. For all orders that are not placed via the Site, a copy of the invoice is also sent to the Customer electronically in dematerialised format, in accordance with the regulations in force, or by post.
9.4 - Date of payment
In the case of payment by bank card, direct debit, transfer or magnetic bill of exchange (LCR), the Customer's account is debited with the amount of their purchases at the time their payment is validated.
9.5 - Late payment – Payment incidents
In the event of a force majeure situation having a significant impact on compliance with payment deadlines, the customer is invited to inform FirstPack as soon as possible in order to agree on a possible temporary adjustment of the payment terms. Any request to adjust the payment terms must be validated by FirstPack before coming into force.
By express agreement, and unless FIRSTPACK has granted prior authorisation for deferral, failure to pay any of our invoices on the due date will result, on the one hand, in all sums due becoming immediately payable, regardless of the method of payment provided for.
In addition, FIRSTPACK reserves the right to suspend or cancel any performance of an order and/or delivery, whatever its nature and level of performance, in the event of non-payment or partial payment of any sum that may be due by the customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the FIRSTPACK site, including in connection with previous orders.
In the event of previous unpaid amounts or deterioration of the customer's credit, or if the authorised outstanding credit limit is exceeded, the seller may modify the payment terms, suspend orders in progress and/or require full payment before delivery, pending a sufficient bank guarantee from the customer.
Furthermore, the seller reserves the right to reduce the amount of an order that would exceed the buyer's cover with its credit insurer.
On the other hand, any late payment will give rise, automatically and without prior formal notice, to the payment of late payment penalties calculated on the basis of a rate equal to 3 (three) times the legal interest rate.
This interest will run from the day following the due date until full payment. It will be payable on simple request.
Any late payment will also give rise, automatically and without prior notification, to the payment of a fixed indemnity for recovery costs of 40 euros in accordance with Articles L.441-10 et seq. of the Commercial Code.
. The Seller reserves the right to ask the Customer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
By express agreement, in addition to the above, in the event of refusal by the bank of a bank card debit or refusal of another means of payment, the Customer will be liable, by way of a penalty clause, for an indemnity equal to 15% of the amount of the order in question, the amount of the said order remaining due in any event.
10- RETENTION OF TITLE CLAUSE
FIRSTPACK retains ownership of the products sold until full payment of the entire price in principal and ancillary amounts. The delivery of accepted bills of exchange or other instruments creating an obligation to pay does not constitute payment, FIRSTPACK's original claim subsisting with all the guarantees attached to it, including the retention of title. Failure to pay on the agreed due date may result, from the day following that due date, in FIRSTPACK claiming the products in kind or in value. Restitution by the Customer must be immediate and the said products must be delivered at the Customer's expense and risk. The restitution of the products by the Customer is immediate and their delivery is at the Customer's expense and risk. These provisions apply in particular in the event of collective insolvency proceedings such as safeguard, judicial reorganisation or judicial liquidation. FIRSTPACK's claim for the unpaid product automatically entails the rescission of the sale; all costs of taking back the products are borne by the Customer, without prejudice to any other claim that FIRSTPACK may bring.
FIRSTPACK may also claim from the Customer additional sums equal to the costs incurred in connection with the removal of the products, plus the interest and indemnities provided for in Article 9.
On pain of incurring its own liability, the Customer undertakes to inform FIRSTPACK immediately, in writing, of any seizure of the unpaid products or any other intervention by a third party. Until full payment, the products may not be processed, pledged, assigned as security or resold without the prior express consent of FIRSTPACK. In the event of resale or processing by the Customer of our products which remain unpaid, the retention of title is automatically transferred to the price of the said products sold and invoiced by the Customer to its own customers (sub-purchaser). In this case, FIRSTPACK has the right to notify the sub-purchaser of its retention of title and to take all enforcement measures with a view to the direct payment of the sums still owed to it.
11- DELIVERIES AND TRANSFER OF RISK
11.1 – Delivery
Delivery is made either by the direct physical handover of the products to the Customer, or by the delivery of the products to a carrier appointed by FIRSTPACK or by the Customer.
The products are delivered to the delivery address indicated by the Customer during the ordering process. The Seller reminds its Customers that the delivery address (which may be different from the invoicing address) must be accurate and include any details necessary for delivery to take place.
If delivery cannot be made due to an error in the delivery address or place of delivery, the accessibility of the place, the absence of the Customer or any other problem, the Seller cannot be held responsible. In this case, the order would remain valid and the new delivery could be subject to additional invoicing.
In the case of a carrier appointed by the Customer, the Customer acknowledges that it is the carrier's responsibility to make the delivery; FIRSTPACK is deemed to have fulfilled its delivery obligation as soon as it has handed over the goods to the said carrier. In this case, the Customer has no recourse under guarantee against the shipper, even if it is FIRSTPACK, in the event of non-delivery.
11.2 – Delivery times
The order is taken into account and the standard delivery period starts to run on the day of the order if it is registered on a working day before 12 noon (twelve), or on the working day following the date of the order if it is placed after 12:00. For "express" orders, the order is taken into account and the delivery period starts to run on the day of the order if it is registered on a working day before 12 noon (excluding delivery to Corsica, the French overseas departments, regions and communities (DROM COM), and outside France, for which the delivery period is longer).
The delivery time for each order is specified in the order acknowledgement issued by FIRSTPACK.
Deliveries are made from Monday to Friday. Times are expressed in working days, subject to cases of force majeure.
Delivery times are given for information purposes only. Subject to the provisions below concerning Consumer Customers exclusively, delays in delivery cannot give rise to the award of damages, withholding of payment or cancellation of orders in progress.
In any event, delivery can only take place if the Customer is up to date with its obligations to FIRSTPACK.
Personalised products, products that have been the subject of a specific special order and are not offered in the catalogues or on the Website, products manufactured on request, and personalised or made-to-measure items are subject to a longer delivery time than usual.
When several products are ordered at the same time and have different delivery dates, the delivery date of the order is based on the latest date. FIRSTPACK nevertheless reserves the right to split shipments. The order may be the subject of two shipments and, possibly, two deliveries when the Products are not stored or available in the same warehouse. In this case, this information is specified in the order acknowledgement issued by FIRSTPACK.
The delivery time for each order is specified in the order acknowledgement issued by FIRSTPACK.
The contribution to handling and shipping costs will only be charged for a single shipment.
The delivery times stated in the order are indicative and may be adjusted in the event of major disruption to supply chains, in particular in the event of a health crisis, customs blockage or natural disasters affecting logistics. The customer is informed of the new delivery dates as soon as possible. In the event of prolonged delay, customers may cancel their order, except for personalised or specially ordered products, which cannot be cancelled.
For Consumer Customers exclusively: In accordance with the provisions of Article L.216-2 of the Consumer Code, in the absence of delivery within the indicative period stated to this effect at the time of the order, or in the absence of agreement on a delivery period, in the event of non-delivery at the latest 30 days after the conclusion of the order, the Consumer Customer may give the Seller formal notice, by registered letter with acknowledgement of receipt, to make the delivery within a reasonable additional period. If the Seller fails to perform within this new period, the Consumer Customer may terminate the order by registered letter with acknowledgement of receipt. The order will be considered terminated upon receipt by the Seller of this letter, unless the Seller has performed in the meantime; any sums paid by the Consumer Customer will then be refunded without interest or compensation at the latest within 14 days following the date on which the contract was terminated.
11.3 – Geographical area
FIRSTPACK only delivers to the following territories:
- Metropolitan France, Corsica, Monaco, Switzerland, Belgium, Luxembourg, the Netherlands, Germany, the United Kingdom, Ireland.
- For all other countries, collection is possible but at the customer's expense.
Customs duties for deliveries to Switzerland and the DOM-TOM are payable by the consumer and are their responsibility. To find out what they are, it is the consumer's responsibility to enquire with the competent authorities of their country. If the recipient refuses to pay the customs duties or taxes, any sums requested from FIRSTPACK to recover the parcel will be deducted from the refund made to the customer.
Any other destination is excluded. However, the user of the site is invited to contact FIRSTPACK to determine the feasibility of delivery to a territory other than those mentioned above and, where applicable, to establish the price of the transport costs in relation to the weight of the order.
If the customer wishes to have a delivery outside the geographical area specified above, they must contact customer service, which reserves the right to refuse to organise the delivery depending on the area concerned. For deliveries outside metropolitan France, the customer undertakes to pay all import taxes, customs duties, value added tax and all other taxes due under the laws of the country in which the order is received.
The products offered comply with the French legislation in force. FIRSTPACK cannot be held liable in the event of non-compliance with the legislation of the country in which the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you intend to order.
11.4 – Delivery rates
Delivery rates are calculated according to the total amount of the order.
Delivery in France is guaranteed by our carrier Colissimo.
Zone
Standard delivery 3 to 5 working days
Return costs
France
14.99 € excl. VAT (Free shipping for orders > 270€ excl. VAT)
Price on request
For long-distance EXPORT, collection is at the customer's expense.
The above provisions do not prevent the transfer to the customer of the risks of loss or deterioration.
11.5 – Claims
Where delivery is made by a carrier, FIRSTPACK is deemed to have fulfilled its delivery obligation as soon as it has handed over the goods to the carrier. The Customer has no recourse under guarantee against the shipper, even if it is FIRSTPACK, in the event of non-delivery. The risks are transferred to the customer upon receipt of the goods. The customer must therefore ensure that these goods are properly stored. On delivery, it is the Customer's responsibility to check the products, namely the quantity, quality, weight and dimensions of the goods delivered, and the contents, conformity and condition of the product(s). If the Customer notices any anomalies, they must make precise, dated handwritten reservations describing the defects at the time of delivery to the delivery person, and by registered letter with acknowledgement of receipt to the carrier within three (3) working days of delivery of the products, stating the order number, failing which any claim will be time-barred.
Reservations that are not significant, clear and complete are inadmissible: thus the statements "subject to unpacking" or "subject to breakage" have no value. Reservations must be dated and signed and confirmed within three working days by registered letter addressed to the carrier with a copy to FIRSTPACK.
In the event of a delay in delivery attributable to the Customer or in the event of refusal to take delivery, FIRSTPACK reserves the right to collect the payment due to it on delivery and to invoice the Customer for all costs and/or indemnities borne by FIRSTPACK in such a case.
Without prejudice to the measures to be taken with regard to the carrier, claims concerning apparent defects or non-conformity of the products delivered must be made by registered letter to FIRSTPACK within three days of delivery of the said products, to the following address: FIRST FFC 4 rue Nicéphore Niépce – 91420 MORANGIS. Delivery means the signing of the delivery note. Any return must first be the subject of a formal agreement between FIRSTPACK and the Customer.
The Customer must prove the existence of the defects, anomalies or missing items. A photograph of the damaged or non-compliant product must be sent to the following address: contact@firstpack.fr.
The Seller reserves the right to carry out any on-site inspection as soon as possible. It is specified that the Seller is not responsible for defects or anomalies resulting from conditions of storage or preservation of the products that are incompatible with their nature. In the event of proven non-conformity, the Seller will only be required to replace the products concerned, to the exclusion of any liability or compensation on any grounds whatsoever. It is specified that these provisions are without prejudice to the legal guarantee of conformity set out in Article 13 below, which Consumer Customers benefit from
Any claim by the Customer that does not comply with this procedure prevents the replacement of, or the issuing of the credit note corresponding to, the damaged or missing products. In the absence of a claim made within the specified period, the products delivered will be deemed to be compliant and accepted by the customer, and the seller's liability cannot be called into question.
Where the customer returns the product for a lack of conformity proven and confirmed by FIRSTPACK, the return costs will be borne by FIRSTPACK, which undertakes to reimburse the customer for the actual amount of the said costs within thirty (30) days. Proof of the shipping costs must be enclosed with the parcel.
Within a maximum of 30 days following receipt and verification of the good condition of your items, you will be refunded by the means chosen in the form returned with your online return request.
The method of refund depends on the means of payment used when ordering:
• Bank card: we refund you directly to your bank card account.
• Transfer: we refund you by bank transfer. Please send us your bank details (RIB).
A refund confirmation email will be sent to you as soon as your return has been processed.
11.6 – Transfer of risk
Custody of the product and the associated risks (deterioration, loss, theft, total or partial destruction, damage that may be caused by the product, etc.) are transferred to the Customer upon physical handover of the product to the Customer at FIRSTPACK's premises, or upon collection of the product by the carrier appointed by the Customer.
In the event of a dispute, the customer must make reservations with the carrier within 3 working days. FirstPack strongly advises its customers to check the integrity of their products upon receipt in order to benefit fully from the guarantees offered.
12- TAKING BACK AND RETURN OF PRODUCTS
Any taking back of products requires the prior express agreement of FIRSTPACK, provided that these products were delivered less than thirty (30) days previously. At any time, FIRSTPACK may ask the Customer for supporting documentation justifying the return of the product. The products are returned by the Customer in perfect resaleable condition, unused and in their original packaging. They must be accompanied by all accessories and documents, with sealed pouches unopened and consumables unpacked and unused. Failing this, the Customer's return is non-compliant. In this case, FIRSTPACK holds the returned products at the Customer's disposal for 48 hours (working days). If the Customer fails to collect them within this period, the Customer is deemed to have definitively relinquished the products in favour of FIRSTPACK.
The Customer may not claim any compensation.
Under the aforementioned conditions and unless FIRSTPACK's liability is established, the return of the products is at the Customer's expense and risk.
In the event of a return of products expressly accepted by FIRSTPACK and under the aforementioned conditions, FIRSTPACK issues a credit note for the amount of the invoice for the returned product.
No products may be taken back in the case of personalised products (customer logo ...), products that have been the subject of a special order and are not offered in the catalogues or on the Website, products manufactured on request, personalised or made-to-measure items, products with a use-by date and exceeding a period of 30 days before that use-by date, free gifts, and products identified as not eligible for return.
13- LIABILITY - GUARANTEES
The products offered comply with the French legislation in force. FIRSTPACK cannot be held liable in the event of non-compliance with the legislation of the country in which the product is delivered.
The Customer is expressly informed that FIRSTPACK is not the manufacturer of the Products presented on the Site, within the meaning of the legal provisions relating to liability for defective Products (Articles 1386-1 et seq. of the Civil Code).
Consequently, in the event of damage caused to a person or property by a defective Product, only the liability of the manufacturer of that Product may be sought by the Customer, on the basis of the information appearing on the packaging of the said Product.
The photos are provided for illustrative purposes. We invite you to refer to the description of each product to find out its precise characteristics; and if in doubt or if you would like further information, do not hesitate to contact us on 01 69 10 24 94 (call not surcharged)
Use of the Site implies the Customer's knowledge and acceptance of the characteristics and limitations of the Internet and its associated technologies, the lack of protection of certain data against possible misappropriation or hacking, and the risks of contamination by any viruses circulating on the network.
Since FIRSTPACK is itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Site and does not correct faults noted on the Internet network. Consequently, FIRSTPACK cannot be held responsible for any unavailability of the Website or any difficulty in connecting or interruption of the connection (malfunction of servers, the telephone line or any other technical connection) when using the Site or, more generally, for any disruption of the Internet network affecting the use of the Site.
Hypertext links may lead to sites other than the Site. FIRSTPACK disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
The Seller's liability cannot be incurred if the non-performance or improper performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable act of a third party unconnected with the provision of the services provided for in the Conditions, or to an unforeseeable, irresistible and external case of force majeure. The Seller cannot be held liable for damage resulting from a fault by the Buyer in the use of the Products.
In the event that the Seller's liability is incurred, and unless otherwise specifically stipulated or a mandatory legal provision provides otherwise, the Seller will only be liable for material, foreseeable and direct damage suffered by the Customer, provided that the Customer proves that the Seller's breach or fault is the cause of this damage. FIRSTPACK shall incur no liability for any indirect damage arising hereunder, loss of business, loss of profit, loss of opportunity, damage or costs which may arise from the purchase of the products.
For Consumer Customers exclusively: Legal guarantee of conformity
13.1. It is recalled that, under the legal guarantee of conformity, the Customer: - has a period of two years from delivery of the goods in which to take action against FIRSTPACK - may choose between repair or replacement of the Product, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code; - is exempt from proving the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
13.2. The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. It is recalled that the Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and that, in this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
13.3. The guarantee will not apply to apparent defects, nor to Products damaged during transport.
13.4. FIRSTPACK reproduces below the texts of the aforementioned laws:
Article L211-4 of the Consumer Code The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been made its responsibility under the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code In order to conform to the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter Article L211-12 of the Consumer Code Action resulting from a lack of conformity is time-barred two years after delivery of the goods
Article L211-13 of the Consumer Code The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law
Article 1641 of the Civil Code The seller is bound by the guarantee in respect of hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them
Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
14- FORCE MAJEURE
FIRSTPACK is not held liable for the non-performance of its obligations hereunder (namely the delivery of the products or the normal performance of the sale), nor for any resulting damage, in cases of fortuitous events or force majeure as defined by the French courts and tribunals as being an event over which FIRSTPACK cannot reasonably have control. It being specified that the following are considered fortuitous events or force majeure for the purposes of these GTCS, without this list being exhaustive: a fire, an explosion, a
flood, or natural disaster, wars or actions by the staff of manufacturers, suppliers or subcontractors, riots, epidemics, acts of terrorism, the total or partial interruption or slowdown of transport, a shortage of raw materials or energy, incidents and accidents and all causes resulting in the work stoppage of all or part of the staff of manufacturers or suppliers, a delay in delivery by manufacturers, suppliers or subcontractors, compliance with new laws or regulations, an embargo, unforeseeable market developments, stock shortages, etc. . In this case, if the event lasts more than 30 days, FIRSTPACK may suspend or terminate the contract between the parties. Force majeure does not suspend payment for products already delivered. Force majeure excludes, for the debtor, all late payment penalties and other damages.
15- INTELLECTUAL PROPERTY
FIRSTPACK retains all industrial and intellectual property rights relating to its corporate name, trade name, trademark, products, photos and technical documentation, which may not be communicated or exploited without its written authorisation.
All elements (texts, logos, images, graphic or sound elements, software, icons, layout, database, etc.) contained in the Site and in associated sites are protected by national and international intellectual property law.
These elements remain the exclusive property of FIRSTPACK and/or its partners, holders of the related intellectual property rights.
Accordingly, unless prior written authorisation is given by FIRSTPACK and/or its partners, the Customer may not carry out any reproduction, representation, adaptation, translation and/or partial or complete transformation, or transfer to another website, of any element making up the site.
Failure to comply with this prohibition may constitute an act of infringement giving rise to the civil and criminal liability of its perpetrator. Finally, FIRSTPACK points out that any creation of a hypertext link to the home page of this Site or to any other page of the Site is subject to the express, prior and written consent of FIRSTPACK.
16- PERSONAL DATA PROTECTION
In the context of its customers' browsing and purchases, FIRSTPACK collects personal data concerning them. For details and terms, please consult our Data Protection Policy available on the site www.firstpack.fr
All information provided during visits to the site or marked on other MEDIA is strictly confidential. The personal data collected on our site is used to process orders and manage the business relationship (deliveries, invoices, after-sales service). The recipients of your personal data are, where applicable, our payment or payment security service providers, our delivery service providers and our business partners. Where required by law, your consent is obtained or you are given the opportunity to refuse before any data is transmitted.
In the context of the performance of the order, FIRSTPACK is required to ask the customer for a certain amount of personal data. This data is collected by means of a form, as well as through the use of cookies. The use of cookies, whether first-party or third-party, which are not necessary for the operation of the site requires your express consent.
A "cookie" is a small text file containing information specific to the user of the site; it is stored on the user's hard disk and can only be read by the server that provided it. FIRSTPACK makes limited use of "cookies" in order to optimise browsing of the site. If the customer does not wish this technology to be used, they can deactivate this function in their browser software while retaining access to the site.
The information provided by the customer is a condition for the proper processing of the order and of the delivery.
FIRSTPACK undertakes to take all necessary precautions to preserve the security of the data provided by the customer and, in particular, to prevent it from being distorted or damaged or accessed by unauthorised third parties.
We may also use your data for advertising purposes, either after obtaining your express consent or within the limits authorised by law. You can unsubscribe at any time by sending an email to contact@firstpack.fr. We may also use your data to comply, where applicable, with our legal and/or regulatory obligations.
FIRSTPACK reaffirms its commitment to scrupulously comply with Law No. 78-17 of 6 January 1978, known as the Informatique et Libertés law, and with European Regulation 2016 / 679 of 27 April 2016. FIRSTPACK informs the customer that, in accordance with this law, they have a right of access, rectification and deletion of the data concerning them. The customer may exercise this right by sending an email to contact@firstpack.fr or a letter addressed to FIRSTPACK, 4 rue Nicéphore Niépce 91420 MORANGIS, stating their surname, first name and address and specifying the subject of the email.
17- RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS EXCLUSIVELY
17.1. The Customer has a right of withdrawal pursuant to Articles L221-18 et seq. of the Consumer Code. The Customer has a period of 14 clear days from receipt of the Product(s) to exercise their right of withdrawal without having to give reasons or pay any penalty.
17.2. If the Customer exercises their right of withdrawal, the following procedure applies: - The Customer informs FIRSTPACK of their wish to exercise their right of withdrawal either on plain paper, or by sending the following form, completed on plain paper, to FIRSTPACK:
Please complete and return this form only if you wish to withdraw from your order placed on www.firstpack.fr (products sold and shipped by FIRSTPACK) – except for exclusions or limits on the exercise of the right of withdrawal under the applicable GTCS
For the attention of FIRST FFC – Sales Administration, 4 rue Nicéphore Niépce – 91420 MORANGIS - FRANCE
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*): …………………………………………………………….
Name of consumer(s): …………………………………………………………….
Address of consumer(s): …………………………………………………………….
Signature of consumer(s) (only if this form is notified on paper):
Date: …………………………………………………………….
(*) Delete as appropriate.
17.3. The Customer shall return the goods, at their own expense, to the following address no later than 14 days following the communication of their decision to withdraw:
FIRST FFC - Sales Administration, 4 rue Nicéphore Niépce, 91420 MORANGIS - FRANCE
It will be up to the customer to keep proof of this return, which means that the products must be returned by any means providing a certain date, the costs and risks of return remaining the responsibility of the customer.
Returns must be made in their original and complete condition (packaging, accessories, instructions...). In the event of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, the Customer's liability may be incurred and the Product will not be taken back by FIRSTPACK.
FIRSTPACK will refund the Customer all sums paid, including the initial delivery costs, at the latest within fourteen days of recovery of the goods.
The refund will be made via the means of payment used for the initial transaction, unless the consumer expressly agrees to the use of another means of payment.
17.4. Exception to the right of withdrawal
The Customer acknowledges that their right of withdrawal will not apply to the Products listed in Article L221-28 of the Consumer Code. for "goods made to the consumer's specifications or clearly personalised […]", for contracts for the supply of goods liable to deteriorate or expire rapidly, for contracts
for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
FIRSTPACK products returned incomplete, modified, spoiled, damaged and/or soiled by the customer will not be refunded. In addition, a FIRSTPACK product that has been personalised with marking at the customer's request may not be returned under the right of withdrawal.
18- CUSTOMER SERVICE
For any request for information, for tracking their order, exercising their rights or any complaints, the customer can use the site's contact form or contact FIRSTPACK Customer Service at the address FIRST FFC SAS – E-commerce Customer Service 4 rue Nicéphore Niépce 91420 MORANGIS – FRANCE
on the non-surcharged number (33)1 69 10 24 94 from Monday to Friday from 10:00 to 18:00 or by e-mail: contact@firstpack.fr
19- ENTIRETY OF THE CONDITIONS
A change in legislation or regulations or a court decision rendering one or more clauses of these GTCS null and void would not result in the nullity of the other provisions of these Conditions, unless those provisions were inseparable from the invalidated stipulation. If a condition is not explicitly mentioned, it would be considered to be governed by the practices in force in the distance-selling sector for companies having their registered office in France.
20- APPLICABLE LAW – ELECTION OF DOMICILE AND JURISDICTION
These GTCS are governed by French law. FIRSTPACK elects domicile at its registered office.
SAS FIRST FFC - Share capital: 1,000,000 € RCS EVRY 325 476 919 - APE 4669C Registered office: 4 rue Nicéphore Niépce – 91420 MORANGIS
The Parties agree that in the event of any dispute that may arise concerning the performance or interpretation of the Conditions, they will endeavour to settle their dispute amicably. If this attempt at amicable resolution of the dispute fails, the dispute will be brought before the competent court of the place of our registered office, notwithstanding any incidental claim or appeal and including for urgent proceedings or in the event of multiple defendants
For consumer customers: In accordance with Articles L. 611-1 et seq. of the Consumer Code, the Customer has the right to have recourse directly to a conventional mediation procedure for any dispute that may arise with the Seller.
To this end, the Consumer Customer may use the services of the following mediator designated by the Seller: MEDICYS – 73 boulevard Clichy – 75009 Paris – Website: www.medicys-consommation.fr.
In order to use this mediation procedure, the Customer must first send their complaint to the Seller by registered letter with acknowledgement of receipt. In the absence of a satisfactory response within one month, the Customer may refer the matter to the mediator indicated above in accordance with the procedures laid down by the latter. This mediation is free of charge for the Customer, with the exception of any lawyers' or expert fees, which will remain payable by the Customer. In accordance with Article L. 611-2 of the Consumer Code, the dispute cannot be examined by the mediator where: (i) the Customer does not prove that they have previously attempted to resolve their dispute directly with the Seller by means of a written complaint, (ii) the request is manifestly unfounded or abusive, (iii) the dispute has previously been examined or is being examined by another mediator or by a court, (iv) the Customer submitted their request to the mediator more than one year after their written complaint to the Seller, (v) the dispute does not fall within the mediator's scope of competence. The dispute may also be brought directly, or failing resolution within the framework of the mediation, before the competent Court in application of the rules of jurisdiction in force.
Last amendment of the GTCS November 2024