Flower seeds

Vegetable seeds

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Florensis

Terms of sale



Preamble

The present conditions of sale, in accordance with trade rules and national and international customs, shall apply expressly in the absence of any special agreements, to all our sales and in particular to sales carried out with horticulturalists, market gardeners, vegetable producers, plant producers, nurserymen, manufacturers of tinned food, converters, local authorities, groups, retailers etc. Placing an order implies acceptance of the conditions of sale appearing in our catalogue or on any other sales document of our company.

Minimum Amount of Order

A minimum of 80€ is requested for the first order.

Carriage Cost

A flat-rate charge of 8€ before tax is applied.

Royalties

This site is covered by French and international legislation concerning royalties and intellectual property. All duplication rights are reserved for texts, graphics, photos, audio and audio-video content of this site. The duplication of all or part of this site electronically or otherwise is strictly prohibited.

Prices

The prices are in euros excluding VAT. They are established for our deliveries up to 31.3.09 unless varied and subject to significant changes in economic conditions. The prices indicated for the various qualities apply when they are ordered on a single occasion and per delivery. Since not all our conditions can appear on this “conditions of sale” document, they will be communicated whenever requested. Our deliveries are made in the most economical packaging available at the time of delivery.

The price indicated in a column is applicable to the quantity entered at the top of the column. In the case of an order in specific packaging, a supplement per bag may be agreed for making up.

Orders

Orders are executed to the extent possible.

In the event of reduced or zero harvest caused by atmospheric disturbances and cultivation accidents of any nature, a partial or total reduction will be applied to the order. Deliveries will be made according to supplies and availability.

No compensation may consequently be claimed; in this regard any cancellation of order for plants less than 6 weeks before delivery shall automatically give rise to compensation fixed at 50% of the value of the order. For cases dealt with by our sales representatives, we are committed only after confirmation by our company by acknowledgement of receipt of order (ARO).

Case of force majeure

Orders will be executed except in the case of force majeure. The following are considered to be cases of force majeure, by way of non-exhaustive examples: war, strikes, fires and accidents in any businesses involved in the production and distribution of seeds and plants.

Despatch and risks

Our goods are sold ex establishment, carriage and packaging extra. They travel at the risk of the addressee, whatever the transport invoiced carriage paid. Our goods are carefully examined before packaging and handed over to the transport company, who will have given to us a despatch receipt.

We request our customers:
  • to unpack and check the content of the despatch before giving a receipt to the delivery agent, especially when it is a case of small boxes and young plants. They should accept their packages only after having ensured that they are in good condition, that their weight does indeed correspond to that stated and that the seals are absolutely intact.
  • To enter any reserves with explanations on the delivery note (damage, loss, missing or delay etc). These reserves must be confirmed within 48 hours by recorded delivery letter with acknowledgement of receipt to the carrier, in order to obtain compensation, with a duplicate sent to our company.
    • We are available to our customers to support their claim and assist with the steps they take.

Reserve of ownership clause

We reserve ownership of the goods supplied until the price is fully paid. In this regard, providing bills of exchange or any title creating an obligation to pay does not constitute payments within the meaning of the present provision.

The purchaser is authorised, in the context of the normal operation of his establishment, to resell the goods supplied. However, he shall not be entitled either to pledge them or to transfer ownership thereof by way of guarantee. In the case of resale, he thus assigns to us all credits arising in his favour from the resale to the purchasing third party. Authorisation to resell is automatically withdrawn in the case of cessation of payment. In the event of seizure or any other intervention by a third party, the purchaser is obliged to advise us of this immediately.

Despite the application of the present reserve of ownership clause, the purchaser shall bear the risks in the event of loss or destruction as soon the goods are delivered. He shall also bear insurance charges.

Repacking by the purchaser

If our customer replaces the original packaging for the goods that we delivered to him, by virtue of law no 64-1360 of 31 December 1964 on trade marks he is not entitled to use our trade mark for the repackaged seeds. Such repackaging shall give rise to a total discharge of the responsibility of Graines Voltz.

Remarks

Since the results obtained do not depend solely on the variety and quality of the seed but also on factors that are difficult or impossible to assess or to predict and may vary in particular according to the region, the environment, agronomical and atmospheric conditions, farming technicians and operations, our advice and suggestions are offered purely by way of indication and consequently cannot comprise a guarantee of harvest.

Claim deadlines

Any claim relating to external appearance and specific purity must be made within 12 days following the arrival of the goods. Likewise those relating to germinative ability should be made within 50 days following the arrival of the goods. Claims relating to authenticity and purity of variety must be made within the normal sowing and inspection periods immediately following the date of delivery. For small boxes and young plants, the goods can be approved on receipt and claims are to be communicated to us within 48 hours. Once this deadline has passed, despatches will be considered to be accepted and may under no circumstances be taken back.

Return – Methods

Any return of products must be the subject of a formal agreement between the vendor and the purchaser. Any request for return must be made within a period of eight days after despatch. Only goods returned in the intact original packaging will be given a credit note, which will however not exceed 60% of the initial value. Any product returned without this agreement will be kept available to the purchaser and will not give rise to the establishment of any credit note.

The cost and risks of the return are always the responsibility of the purchaser.

Claims

Having regard to the nature of the products sold, our responsibility, in the event of errors recognised and established, shall under no circumstances, in particular with regard to authenticity, purity of variety, specific purity, germinative ability, or resistance to strains or breeds of diseases unknown at the present time, exceed the total amount of the supply of the article delivered, including confirmed costs resulting from the return of the goods.

Colours, grades and vegetation cycles are given by way of indication and are non-contractual.

However, we shall carefully examine any claim sent to us following error on our part and, where applicable, shall not refuse to replace or reimburse all or part of the goods involved.

Payments

All payments are to be sent to the head office at Colmar. Our payments are normally at 30 days. However, in the event of payment problems we may be led to provide for payments either in cash or at reduced deadlines.

In the event of the deadline appearing on the invoice being exceeded, charges should be deducted on the basis of the increased legal interest rate of the European Central Bank (2008: 3.75 + 7, ie 10.75%). Customers not complying with the settlement dates provided for or who have been the subject in the past of a recovery procedure will, after payment of their account, be supplied only against payment of 50% of the amount at the time of the order.

In the case of early payment, no deduction may be made from the amount of the invoice.

In the absence of sustained commercial relationships a payment at the time of the first order will be requested and the setting up of direct debits will routinely be proposed. In the case of deferred settlement a payment consists not of the simple remitting of an effect or a cheque but their settlement at the agreed deadline. Any delay in payment at the deadline provided for, obliging us to implement recovery at law, will automatically give rise to a compensation fixed at 15% of the amount of the unpaid sum by way of penal clause.

Banking and recovery costs resulting from an extension of deadline shall be payable by the customer. Non-payment of invoices will by itself give rise to a formal notice.

Our sales are concluded subject to resolutive condition. Failing full payment of the price at the deadline, the sale may be automatically cancelled 48 hours after notice given by recorded delivery letter with advice of receipt and stating our intention to avail ourselves of the present clause. We shall be entitled, if we deem it appropriate, to demand by summary injunction the restitution of the products without prejudice to any other damages. The termination shall affect not only the order in question but also all prior unpaid orders, whether they be delivered or in the course of delivery and whether or not payment has taken place.

In the case of a spreading of payments previously accepted by ourselves, failure to pay an instalment shall immediately make the whole of the debt due. Finally, in the case of delay in payment, we shall be authorised to cancel the current contract and orders without prejudice to any other action. We will thereby be released from all our commitments.

Allocation of competence

All our sales are made on the conditions stated above and placing an order with us implies acceptance thereof. Any difficulty, for any reason whatsoever, will be judged by the Colmar Courts, who shall have sole competence, even in matters of temporary injunctions.