Article 1 – Purpose

The general terms and conditions of sale described below detail the rights and obligations of SAS WONDERWOMALT and its customer in connection with the sale of the following goods: dehydrated spent grains, spent grains flour, finished products made from spent grains and other products to spent grain base. Any service performed by SAS WONDERWOMALT therefore implies the purchaser's unreserved acceptance of these general conditions of sale. SAS WONDERWOMALT reserves the right to derogate from certain clauses herein, depending on negotiations with the customer. , by establishing special conditions of sale.

Article 2 – Intellectual property

All technical documents, products, photographs given to our customers remain the exclusive property of SAS WONDERWOMALT, the sole holder of the intellectual property rights to these documents, and must be returned to it at its request. Our customers undertake not to any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.

Article 3 – Orders

3.1 Definition

Any sale is only perfect once the customer's order has been expressly accepted in writing by SAS WONDERWOMALT. By this order, we mean any order relating to our products appearing on our price lists, and accepted by the customer, accompanied by the payment of the deposit possibly provided for on the order form.

3.2 Amendment

Orders sent to SAS WONDERWOMALT are irrevocable for the customer, unless written acceptance by SAS WONDERWOMALT. Any request to modify the composition or volume of an order placed by a customer can only be taken into account by SAS WONDERWOMALT if the request is made in writing, including fax or e-mail. In the event of modification of the order by the customer, SAS WONDERWOMALT will be released from the deadlines agreed for its execution.

Article 4 – Price

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. SAS WONDERWOMALT grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Article 5 – Discounts and rebates

The prices offered include the discounts and rebates that SAS WONDERWOMALT would have to grant taking into account the quantities acquired or delivered at one time or the regularity of the orders, or the assumption by the customer of certain services.

Article 6 – Discount

No discount will be granted in the event of early payment.

Article 7 – Methods of payment

The payment of orders is made:

•Either by check;
• Either by bank transfer;
• Either in cash;
•Either by bank card;

Payments are understood to be net, without discount or rebate, on the payment date appearing on the invoices.

Article 8 – Late payment

Late payment penalties are payable the day following the date of payment appearing on the invoice, or in principle, unless otherwise agreed between the parties, on the date of receipt of the goods or performance of the service requested. In the event that the sums due are paid after the date appearing on the invoice, this delay will automatically lead to the payment of default interest fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in addition to a fixed compensation of €40 per invoice for collection costs, which may be increased by additional costs requested on proof. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code. In the event of late payment, we reserve the right to suspend or cancel current orders and services without prejudice to any other recourse and demand the payment of all our debts due or to become due as of right and without prior notice.

Article 9 – Termination clause

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining sums due, the sale will be automatically canceled and may give rise to the right to compensation for damages and interest of an indemnity equal to 10% of the unpaid sum, to which will be added the legal costs and the legal interests for the benefit of the company SAS Wonderwomalt.

Article 10 – Retention of title clause

SAS WONDERWOMALT retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, the company SAS WONDERWOMALT reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid (Law No. 80.335 of May 12, 1980). The parties agree to apply this clause, it being further understood that this provision does not prevent the unreserved transfer of risks.

Article 11 – Delivery

Unless expressly stipulated otherwise, our prices are for goods from our site, packaging not included. In the event of free shipping, this is understood to be by the most economical route: the additional costs for any other mode of transport are the sole responsibility of the customer.

Delivery is made:
•either by direct delivery of the goods to the buyer;
•or by sending a notice of availability in store to the attention of the buyer;
•or at the place indicated by the buyer on the order form.

The delivery time indicated during the registration of the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer to:
•the award of damages;
•cancellation of the order. The risk of transport is borne entirely by the buyer.

In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR. If the customer abstains from taking delivery of the goods, the latter remains totally due without being summoned to him to have to recover them, without prejudice to any damages. In the event of non-payment in full of an invoice that has expired, after formal notice which has had no effect within 48 hours, SAS WONDERWOMALT reserves the right to suspend any delivery in progress and/or to come.

Article 12 – Force majeure

SAS WONDERWOMALT cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Article 3 – Competent court

The validity, interpretation, execution of the contract and the resolution of any dispute relating thereto are governed and interpreted under French law. The parties will endeavor to settle amicably any dispute arising from the interpretation or execution of this agreement. If they are unable to reach an agreement and the dispute persists, they already agree to submit it to the court in whose jurisdiction the headquarters of the company SAS Wonderwomalt is located, notwithstanding multiple defendants or warranty claims.

Article 14 – Customer acceptance

These general conditions of sale as well as the prices and scales concerning discounts, discounts and rebates attached are expressly approved and accepted by the customer, who declares and acknowledges having perfect knowledge of them, and therefore waives prevail over any contradictory document and, in particular, its own general conditions of purchase.