The General terms and conditions of sale
ARTICLE 1 : DEFINITION
- Click and Collect: means the sales method by which a buyer orders a product online on the website www.ctifl.fr and collects his/her purchase from one of the CTIFL's physical sales outlets, under the conditions set out in article 9.
- Consumer: any natural person who acts for purposes that are not part of his/her commercial, industrial, craft, liberal or agricultural activity.
- General Conditions: means the general sales conditions applicable to any distance selling of products and/or services by the CTIFL to a third party, whether consumer or professional. These general sales conditions are published on the website www.ctifl.fr.
- Special Conditions: means the present special conditions of sale applicable to any subscription to the magazine "INFOS-CTIFL".
- Professional: any natural or legal person, public or private, who acts for purposes that are part of his/her commercial, industrial, craft, liberal or agricultural activity, including when this person acts in the name or on behalf of another professional.
- Distributor: any commercial company that purchases CTIFL products with a view to reselling them according to specified terms and conditions.
ARTICLE 2: PURPOSE
The present general terms and conditions of sale apply to sales concluded directly or remotely, between the CTIFL, an Industrial Technical Centre governed by articles L521-1 et seq. of the French Research Code, VAT No. FR 19775675796, whose registered office is located at 97 boulevard Pereire, 75017 PARIS, France, and a third party (consumers or professionals) through the website www.ctifl.fr. They may be modified at any time without notice by the CTIFL.
These general terms and conditions may, if necessary, be supplemented by Special Terms and Conditions of Sale specifically applicable to certain products and/or services offered by the CTIFL or to certain co-contractors.
ARTICLE 3: PRICES
The prices indicated on the website www.ctifl.fr are in euros (€), including VAT, excluding shipping costs.
No order will be shipped without full payment (including shipping costs). The products remain the property of the CTIFL until full payment is received.
Concerning the sale of books, the prices are established in strict compliance with the legislation on the sale of books.
Discounts may be granted on request to professional distributors of publications, depending on the quantities purchased. A quote will be sent to you.
In the event of an order placed from a territory other than Metropolitan France, including French overseas departments and regions and French overseas communities, the customer is the importer of the product(s) concerned; any customs duties, bank charges or other local taxes or import duties or state taxes are therefore payable by the customer. The order is subject to a prior pro forma invoice submitted to the customer for acceptance.
ARTICLE 4: LATE PAYMENT
In case of total or partial non-payment of the products delivered on the day of receipt, the buyer must pay the CTIFL a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is the one in force on the day of delivery of the goods.
As of 1 January 2015, the legal interest rate will be revised every 6 months (Order n°2014-947 of 20 August 2014).
This penalty is calculated on the outstanding amount (including VAT) and runs from the due date without any prior notice of default being necessary.
In addition to the late payment penalties, any sum, including the deposit, still unpaid on the due date shall automatically result in the payment of a fixed penalty of €40 due for recovery costs.
ARTICLE 5: MEANS OF PAYMENT
Purchases must be paid for on order, obligatorily in euros, to the CTIFL.
- by bank cheque, in euros, payable
- at a French bank to the order of the CTIFL. Please write the order number on the back of the cheque. In case of payment in foreign currency, all bank charges are to be paid by the customer or may be claimed from him/her should the CTIFL be charged for them by the bank. Cheque to be sent to the following address: CTIFL, DAF, service comptabilité, 97, Bd Pereire, 75017 Paris,
- by bank transfer to our account, using the IBAN indicated on the CTIFL website. Upon receipt of the payment on the CTIFL account, the order will be processed.
- by credit card in euros, operated by Mercanet BNP Paribas, with immediate debit.
In the case of a pro forma invoice, if payment is not received by the CTIFL within 30 days, the order will be cancelled.
ARTICLE 6: ORDER
You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these General Terms and Conditions of Sale.
To place an order, you must create a user account on the www.ctifl.fr website.
You will receive a confirmation of your order by e-mail, along with a summary of your order and an invoice. On your user account, you will be able to find your purchase history.
ARTICLE 7: AVAILABILITY
Our product offers are valid as long as they are visible on the Website, within the limits of available stocks. In the event that a product is unavailable after you have placed your order, we will inform you by email and it will be refunded.
ARTICLE 8: DELIVERIES
8.1. Means of delivery
After payment, the order shipment is made by post (letter or parcel) within a maximum of 30 days from the order date.
8.2. Delivery price
For Metropolitan France: shipping costs are €8.90 per order, including VAT and are free from 49€ of purchase.
For foreign countries and French overseas departments and regions and French overseas communities
Additional shipping costs are charged. The applicable rates are:
- for shipping to Europe and French overseas departments and regions and French overseas communities: €15.90 per order, including VAT,
- for countries outside the EU zone, a different rate will be applied for countries in zone B or C.
Shipping costs will be calculated automatically when the order is validated on the www.ctifl.fr website according to the number of items and the shipping zone.
Brochures will only be sent after payment has been received.
Transfer fees are at the expense of the customer, who must inform his/her bank (payment by postal transfer or European bank transfer).
To benefit from the tax-free rate, you must indicate your VAT identification number on your order.
As soon as you validate your order, you accept without reserve the shipping costs.
8.3. Click and Collect
The "Click and Collect" option, consisting in the collection of the order in one of the CTIFL centres, can be offered for certain products.
The CTIFL centres concerned by this option are the research centres of :
- Balandran (751 Chemin de Balandran 30127 BELLEGARDE Tel. +334 66 01 10 54),
- Lanxade (28 Route des Nebouts 24130 PRIGONRIEUX Tel.+335 53 58 00 05),
- Saint-Rémy de Provence (Route de Mollégès 13210 SAINT REMY DE PROVENCE Tel. +334 90 92 05 82),
- Carquefou (ZI Belle Etoile - Antarès 35, allée des Sapins 44483 CARQUEFOU cedex Tél. +332 40 50 81 65),
- La Morinière (Saint-Epain 37800 STE MAURE DE TOURAINE Tel. +332 47 73 75 00).
Orders can only be collected from one of the centres if the product is still available in this centre. In the event of unavailability at the centre, delivery will be made by post.
ARTICLE 9: WITHDRAWAL
9.1. For a consumer
In accordance with the legal provisions in force, if you are a consumer, you have a period of 14 days from the date of receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay any penalty. Once you have communicated your decision to exercise your right of withdrawal within this 14-day period, you have another 14 days to return the product(s) concerned by the withdrawal.
This right of withdrawal does not apply in particular to CDs, DVDs or computer software that you have opened, as well as to goods made on request.
To exercise this right of withdrawal, you can write to [email protected].
If you exercise your right of withdrawal, the CTIFL will refund the sums paid (including shipping costs) within a maximum of 14 days from the date the CTIFL is informed of your decision to withdraw and by the same means.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in a new, unused state.
9.2. For a professional
The professional has a right of withdrawal only in the case of an off-premises contract.
An off-premises contract is a contract concluded in a place other than the one where the professional carries out his/her activity on a permanent or regular basis or a contract concluded after canvassing.
The right of withdrawal shall apply if the following two conditions are met:
- The subject matter of the contract does not fall within the scope of the main activity of the professional that was canvassed. For example, when a professional’s main activity is the sale of car parts and the contract concerns the sale of products related to the professional’s secondary activity.
- The number of employees is less than 6.
9.3 Common provisions
Notwithstanding the previous paragraphs, no right of withdrawal may be exercised for contracts meeting the conditions of Article L. 221-28 of the French Consumer Code, and in particular those relating to the supply of:
- services fully executed before the end of the withdrawal period and the execution of which has begun after prior express agreement of the buyer and express waiver of his/her right of withdrawal,
- tailored goods, made according to the buyer's specifications or clearly personalised. This exception applies in particular to biological analyses, cultivar presentations or the sale of mother plants.
- Digital content not supplied on a material medium, the execution of which has begun after prior express agreement by the buyer and express waiver of his/her right of withdrawal.
ARTICLE 10: RESALE BY A DISTRIBUTOR
The resale of products by a distributor is forbidden unless a specific agreement with the CTIFL is approved by the CTIFL editorial committee.
ARTICLE 11: INTELLECTUAL PROPERTY
11.1. In case of sales to a private individual
All texts, comments, books, illustrations, works and images reproduced or represented in the CTIFL publications are strictly reserved under copyright and intellectual property law and for the whole world. In this respect and in accordance with the provisions of the French intellectual property code, only use for private purposes is authorised, subject to different or even more restrictive provisions of the French intellectual property code. Any reproduction or representation, in whole or in part, of the CTIFL publications or of all or part of the elements contained in the CTIFL publications is strictly prohibited.
11.2. In case of sales to a distributor
The CTIFL holds all intellectual property rights of the publications sold to the Buyer. Any copy, translation or reproduction of the content of the products sold, in whole or in part, without the express authorisation of the CTIFL, constitutes an infringement of copyright and may result in prosecution on the basis of article L335-4 of the French Intellectual Property Code.
ARTICLE 12: TITLE RETENTION CLAUSE
The CTIFL retains ownership of the sold goods until actual payment of the full principal amount of the price and all incidentals. In this respect, should the buyer be put under receivership or liquidation, the CTIFL reserves the right to claim the goods sold and remaining unpaid, within the framework of the insolvency proceeding.
Article 13: PERSONAL DATA
The CTIFL undertakes to implement adequate measures to ensure the protection of personal data (hereinafter the "Data") and to process and use such data in compliance with the applicable provisions and in particular with the European Regulation 2016/679 of 27 April 2016 and the amended Law No. 78-17 of 6 January 1978, known in French as the "Loi Informatique et Libertés" (Data Protection Act) (hereinafter the "Applicable Provisions").
The Data is processed by the CTIFL acting as data controller.
Your personal information and data are necessary for us to process your order. They may be transmitted to companies involved in the purchase process such as those in charge of delivery or for payment. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer and the information that is sent to you.
In accordance with the French “Loi Informatique et Libertés” of 6 January 1978, you have a right of access, rectification and opposition concerning your personal data. All you have to do is send us an e-mail at [email protected] indicating your last name, first name, email and postal address. In accordance with the regulations in force, your request must be signed and include the address to which the reply should be sent and accompanied by a photocopy of an identity document bearing your signature. A reply will then be sent to you within 2 months from the receipt of your request.
ARTICLE 14: CONSUMER GUARANTEE
For consumers, the CTIFL is liable for a period of 2 years from the date of purchase for any lack of conformity in the product it sells.
It is reminded that in the framework of the legal guarantee of conformity, the consumer:
- has a period of two years from the date of delivery of the goods to take action against the seller,
- may choose between repairing or replacing the goods, except where compliance is impossible or involves disproportionate costs in accordance with Article L. 217-9 of the French Consumer Code ;
- is exempted from proving the existence of the lack of conformity of the goods during this period.
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold as provided by Article 1641 of the French Civil Code and that in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
To make use of this guarantee, the products must be returned to us.
ARTICLE 15: LIABILITY
The CTIFL guarantees the new condition of the items shipped. It also guarantees the contents of the parcel through an internal process of securing the shipment. If, despite the care taken during shipment, defects are found upon receipt and the CTIFL is held responsible, an exchange will be made (shipping costs to be paid by the CTIFL) or a credit note will be issued, at the CTIFL's sole discretion and depending on product availability, except in the case of CDs and DVDs if they have been opened by the consumer. Returns must be made to the following address CTIFL, 28, route des Nébouts - 24130 PRIGONRIEUX.
The CTIFL cannot be held responsible for the non-execution of the contract in case of force majeure, disruption or total or partial strike of the postal services and means of transport and/or communications, flooding, fire.
ARTICLE 16: FORCE MAJEURE
The performance by the Parties of all or part of their obligations shall be suspended in case of the occurrence of a fortuitous event or force majeure, as defined in Article 1218 of the French Civil Code, which would hinder or delay the performance thereof. This includes, but is not limited to, war, riots, insurrection, social unrest, strikes of any kind, interruptions in the means of transport and supply problems for the Seller.
In the event of a fortuitous event or force majeure, the Seller shall inform the Buyer as soon as possible and at the latest within seventy-two (72) working hours. However, this suspension does not apply to payment obligations. Should this suspension continue beyond a period of ten (10) working days, the other Party shall have the option to cancel the current Order.
ARTICLE 17: APPLICABLE LAW
All the clauses appearing in the present general conditions of sale, will be subject to French law, the competent courts will be the French courts.
These general terms and conditions of sale may be subject to Special Terms and Conditions of Sale on request to [email protected].