General Terms of Sale

These General Terms of Sale (the “Terms of Sale”) apply without restriction or reservation to all sales concluded by SAS PANIBAG (the “Seller”) on the website www.panibag.com.

Sales made on this site are reserved for professional buyers acting for the purposes of their professional activity (the “Customer”). By placing an order, the Customer declares that they act as a professional and provides their SIRET number or their intra-Community VAT number.

The product offered for sale is the Panibag liner for bread crates, in food-grade kraft, sold by carton of 30 units.

The essential characteristics of the product (material, dimensions, packaging, conditions of use and care) are presented on the site, which the Customer reviews before ordering.

The Terms of Sale are accessible at any time on the site and prevail over any other document, in particular over the Customer’s general terms of purchase. The Customer declares that they have read them and accepted them before confirming their order.

Prices are expressed in euros excluding tax. VAT at the rate in force is added at the time of payment.

The price of the carton of 30 liners is the one displayed on the site on the day the order is recorded. Handling, shipping and delivery costs are added to the price of the products and are shown before payment is confirmed.

The Seller reserves the right to change its prices at any time. Products are invoiced on the basis of the price list in force at the time the order is recorded.

An invoice is issued by the Seller and provided to the Customer.

The Customer orders from the site by clicking the order button, which redirects them to the secure payment page operated by Stripe.

The order is final upon receipt of full payment. The Seller sends the Customer an order confirmation by e-mail, summarising the products, the price paid and the delivery address.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, or from a buyer not acting in a professional capacity.

Any change to an order requested by the Customer is taken into account, within the limits of the Seller’s possibilities, only if it is notified in writing before dispatch.

The Customer may take out a monthly subscription guaranteeing periodic delivery of the number of cartons chosen, at the price fixed on the date of subscription.

The subscription is concluded for an indefinite period. It is debited monthly by the payment service provider on the anniversary date of the subscription.

The Customer may terminate it at any time, by e-mail to the Seller’s address, with 15 days’ notice before the date of the next debit. Termination takes effect at the end of the current period, which has already been paid for and fulfilled.

The fixed price remains valid for as long as the subscription is in progress. A termination followed by a new subscription is made at the price list in force on that date.

The price is payable in cash, in full on the day of the order, by bank card via the payment service provider Stripe. Bank details are exchanged in encrypted form with the provider and are neither collected nor stored by the Seller.

Payments are final only after the sums due have actually been collected.

In accordance with Article L441-10 of the French Commercial Code, any late payment automatically results in late payment penalties becoming due at a rate of three times the statutory interest rate, together with a fixed recovery cost allowance of 40 euros, without any reminder being necessary.

Products are delivered in metropolitan France and in the following European Union countries: Belgium, Luxembourg, the Netherlands, Germany, Spain and Italy.

Delivery costs depend on the destination and on the number of cartons ordered. They are calculated for the delivery address entered by the Customer and shown before payment is confirmed.

Any delivery to another country, in particular Switzerland, is subject to prior consultation with the Seller, who informs the Customer of the conditions, costs and lead times applicable to their destination. The same applies to the territories of these six countries located outside the VAT territory of the European Union, in particular the Canary Islands, Ceuta, Melilla, Helgoland, Büsingen, Livigno and Campione d’Italia. No order to any of these countries or territories is shipped without this prior written agreement.

Delivery takes place within 7 working days from confirmation of payment, to the address given by the Customer. The Customer ensures that this address is accessible to the carrier.

Deliveries are carried out by an independent carrier. The transfer of risk takes place upon physical handover of the products to the Customer.

The Customer checks the condition of the products on delivery. Any claim relating to a shortage, damage or an apparent defect is made by e-mail within 72 hours of delivery, accompanied by supporting evidence, in particular photographs. After this period, the products are deemed to be in conformity.

Where the announced delivery time is exceeded by more than 30 days, for a reason other than force majeure or an act of the Customer, the Customer may request in writing the termination of the sale. The sums paid are refunded to them within 14 days.

As sales made on the site are reserved for professional buyers acting for the purposes of their activity, the right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code does not apply.

This exclusion has no effect on the commercial guarantee described in Article 8, which the Seller grants voluntarily.

In addition to the statutory warranties referred to in Article 9, the Seller grants the Customer a commercial satisfaction guarantee, under the following conditions.

• Guarantor: SAS PANIBAG, 248 Route de la Doire, 06750 Séranon.
• Duration: 30 days from the date of delivery.
• Scope: a Customer who is not satisfied with the product obtains a refund of the price paid for the first carton ordered, excluding the initial delivery costs.
• Implementation: the Customer sends their request by e-mail to the Seller’s address, stating their order number and the reason for their dissatisfaction. The Seller informs them of the return procedure. The products are returned in their original packaging, at the Seller’s expense.
• Refund: within 14 days of receipt of the return, by the means of payment used when the order was placed.
• Exclusions: the guarantee applies only to the Customer’s first order, does not cover a carton from which more than 5 liners have been used, and does not apply to orders placed under a subscription beyond the first month.

This commercial guarantee does not deprive the Customer of any of the statutory warranties from which they benefit otherwise.

The products benefit from the statutory warranty against latent defects provided for in Articles 1641 et seq. of the French Civil Code, for defects of material, design or manufacture rendering the products unfit for their use.

Article 1641 of the French Civil Code: “The seller is bound by the warranty on account of latent defects in the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lower price for it, had he known of them.”

Article 1648, paragraph 1, of the French Civil Code: “An action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.”

To assert their rights, the Customer informs the Seller in writing of the existence of the defect as soon as it is discovered. The Seller replaces or refunds the products recognised as defective.

The Seller’s liability cannot be engaged in the event of misuse of the product, failure to comply with the stated conditions of use or care, normal wear, or failure by the Customer to comply with the regulations applicable in the country of delivery.

The Seller’s warranty is limited to the replacement or refund of products that are non-conforming or affected by a defect.

The Panibag liner is a material intended to come into contact with foodstuffs. It complies with Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004. The declaration of conformity is provided to the Customer on simple request.

The Customer complies with the conditions of use and care indicated by the Seller, which determine whether this compliance is maintained in service.

Ownership of the products is transferred only after full payment of the price, whatever the date of delivery.

The data processing carried out in connection with an order is described in the Privacy policy, accessible from all pages of the site.

The Seller is not liable for non-performance of its obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code. If the impediment continues for more than 60 days, either party may terminate the contract without compensation.

These Terms of Sale are governed by French law. They are drafted in the French language; in the event of translation, only the French version prevails.

Failing amicable resolution, any dispute falls within the exclusive jurisdiction of the courts within whose jurisdiction the Seller’s registered office is located, including in the event of multiple defendants or third-party claims.