The Happiness of Ogres

​1. Application - Opposability.

 

1.1 These general conditions of sale (hereinafter “the General Terms and Conditions”) constitute the sole basis of commercial negotiations and are systematically sent or delivered by the company “Le Bonheur des Ogres”, to enable it to place an order. The fact of the Buyer placing an order with the company “Le Bonheur des Ogres” implies their total acceptance, without reservation.

 

1.2 These general conditions of sale are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, of his own general conditions of sale. 'purchase.

 

1.3 Any deviation from these General Terms and Conditions may only be enforceable against the company “Le Bonheur des Ogres” after express and prior written acceptance by the company “Le Bonheur des Ogres”

 

1.4 The company “Le Bonheur des Ogres” reserves the right to derogate from certain clauses herein, depending on the negotiations carried out with the Buyer, by establishing special conditions of sale, which take precedence over the General Terms and Conditions.

 

1.5 The fact that the company “Le Bonheur des Ogres” does not avail itself at a given time of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of its right to subsequently avail itself of them.

 

1.6 If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their validity. strength and scope.

 

 

2. Orders.

 

2.1 The order can be sent by telephone, by email to the sales department or directly by the sales representative mandated by the company “Le Bonheur des Ogres”. It must specify in particular the quantity, brand, type, references of the products of the company “Le Bonheur des Ogres” and the date of availability desired by the Buyer.

 

2.2 Sales are only perfect, even when orders have been taken through representatives or employees of the company “Le Bonheur des Ogres”, when they have been confirmed in writing by the company “Le Bonheur des Ogres” or upon delivery of the ordered products and the issue of the corresponding delivery note.

 

2.3 Exceptionally, during the Buyer's first order with the company “Le Bonheur des Ogres” a cash payment of the entire order is required. The Buyer also provides the company “Le Bonheur des Ogres” with his k-bis extract less than three months old and provides his Bank Identity Statement. The Buyer undertakes to inform the company “Le Bonheur des Ogres” of any modification concerning this data.

 

2.4 In the event of a stock shortage or difficulty, the company “Le Bonheur des Ogres” will respond to orders according to their order of arrival and within the limits of its availability. The company “Le Bonheur des Ogres” may make a partial delivery of the order and will not ensure delivery of any remaining items. If applicable, the Buyer will be reimbursed for the overpayment.

 

2.5 The benefit of the order is personal to the Buyer and cannot be transferred without the prior written agreement of the company “Le Bonheur des Ogres”.

 

2.6 Sales, as provided for in article 2.2, are irrevocable for the Buyer, unless accepted in writing by the company “Le Bonheur des Ogres”.

 

2.7 All offers, illustrations and general information contained in the brochures, catalogs and price lists published by the company “Le Bonheur des Ogres” are subject to change without prior notification, particularly with regard to the packaging and price of the goods. The Buyer is informed of possible price changes when sending the confirmation corresponding to his order. Once the order confirmation has been sent to the Buyer, no price modification can be made.

 

 

3.Lead time.

 

3.1 The company “Le Bonheur des Ogres” strives to respect the delivery time indicated upon acceptance of the
order, depending on the necessary logistics time, and to execute orders, except in cases of force majeure, or in the event of circumstances beyond its control, such as strikes, frost, fire, storm, flood, epidemic, supply difficulties, without this list being exhaustive.

 

3.2 This delivery time is given for informational and indicative purposes only, it depending in particular on the availability of carriers and the order of arrival of orders.

 

3.3 Therefore, delivery delays cannot give rise to any penalty or compensation, nor justify the cancellation of the order. Any delay compared to the indicative delivery time initially planned cannot justify a cancellation of the order placed by the Buyer and registered by the company “Le Bonheur des Ogres”.

 

 

4. Transportation of goods.

 

4.1 Any order for a minimum amount of €250 excluding tax for departments 22, 29, 35, 56, 44 will be delivered free of charge to the Buyer, shipping and packaging costs included. For other departments  a minimum amount of €300 excluding VAT will be delivered free of charge to the Buyer, shipping and packaging costs included. This offer cannot be combined with any other commercial offer, discount or reduction. In the event of delayed delivery due to the Buyer (refusal to take possession of the goods, absence, etc.), the transport costs for representation and all ancillary costs, including the storage costs of the goods will be invoiced to the buyer. 'Buyer.

 

4.2 For any order less than €250 excluding tax or €300 outside the area, a contribution to the costs of €25 excluding tax is the responsibility of the Buyer.

 

4.3 In any event, the transport of the goods, even if organized by us, will remain at the Buyer's risk; the company “Le Bonheur des Ogres” is deemed to have fully fulfilled its delivery obligation, once it has delivered the ordered goods to the carrier, who accepted them without reservation.

 

 

5. Receipt of goods.

 

5.1 Upon receipt, the Buyer must check the conformity of the goods and goods received, in the presence of the carrier.

 

5.2 In the event of damage (non-compliant warranty film, missing or damaged goods, inversion of products, etc.), refused or non-compliant products must MUST BE RETURNED to the carrier, for return to our workshop.

 

5.3 Any reasoned reservation or protest must be recorded on the receipt or consignment note, and confirmed to the carrier under the conditions of article L133-3 of the Commercial Code. A copy of the complaint must be sent to the company “Le Bonheur des Ogres” within 48 hours of receipt of the goods by email or fax, all confirmed by registered mail with AR addressed to the headquarters of the company “Le Bonheur Ogres”. Failure to comply with this deadline and the notification procedures will render all complaints inadmissible and will not incur the liability of the company “Le Bonheur des Ogres”.

 

5.4 It will be specified that the words “subject to inspection” or “unpacking”, or similar, have no value and are never taken into account in the event of a dispute.

 

5.5 The products of the company “Le Bonheur des Ogres” leave its warehouses in good condition, of fair and merchantable quality. It will be up to the Buyer to provide any justification as to the reality of the anomalies observed. He must grant the company “Le Bonheur des Ogres” every facility to carry out their assessment.

 

 

6. Reservation of title.

 

6.1 The transfer of ownership of the products is conditional on the full collection of the price thereof by the company “Le Bonheur des Ogres”, in principal and accessories, even in the event of granting of payment terms. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten.

 

6.2 By express agreement, the company “Le Bonheur des Ogres” may exercise the rights it holds under this retention of title clause, for any of its claims, on all of its products in its possession. the Buyer, the latter being conventionally presumed to be those unpaid, and the company “Le Bonheur des Ogres”  may take them back or claim them as compensation for all its unpaid invoices, without prejudice to its right to cancel current sales.

 

6.3 The transfer of risks weighing on the products occurs as soon as they are handed over to the carrier or the Buyer. The retention of title clause does not prevent the risks of the goods from being transferred to the Buyer upon their delivery to the carrier, as provided for in article 4 of these General Terms and Conditions.

 

 

7. Payment Terms.

 

7.1 Prices are payable exclusively in euros. They are excluding tax, departure from the workshop of the company “Le Bonheur des Ogres”, excluding transport costs, possible customs and insurance, which remain in principle the responsibility of the Buyer, under the conditions of the article 4 hereof. The applicable VAT is the VAT in force on the day the invoice is issued by the company “Le Bonheur des Ogres”.

 

7.2 Unless otherwise stipulated in writing, for any first order placed by the Buyer, cash payment on the basis of a pro forma invoice is required.

 

7.3 The following invoices will be paid net 30 days by LCR not accepted, from the issue of the invoices.

 

7.4 No discount will be granted for cash payment before due date.

 

7.5 Any failure to pay according to the set deadline will be sanctioned, automatically, by: - The payment, as a penalty clause, of compensation of 15% of all sums remaining due including tax, - The payment of contractual interest of an amount equivalent to the refinancing rate of the European Central Bank increased by 10 points, - The reimbursement of all corresponding costs charged to the company “Le Bonheur des Ogres”, including banking and/or legal, - The payment of legal compensation for recovery costs of €40, - Immediate payment of all sums due to  the company “Le Bonheur des Ogres”, regardless of the payment terms initially planned.

 

7.6 In the event of non-payment, forty-eight hours after a formal notice remains unsuccessful, the sale will be automatically canceled if the company “Le Bonheur des Ogres” sees fit, without prejudice to any other damages. The resolution will, if it seems good to the company “Le Bonheur des Ogres”, not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether their payment is due or not. .

 

7.7 Without prejudice to storage costs, the entire agreed price will be due to the company “Le Bonheur des Ogres” as compensation for the damage suffered as a result of the buyer's failures.

 

7.8 The company “Le Bonheur des Ogres”  reserves the right to suspend the execution of current sales and/or to demand payment in return for future sales until the situation is completely resolved, without any notice period having to be respected and without any compensation of any nature whatsoever being claimed by the Buyer.

 

7.9 Unless there is express, prior and written agreement from the company “Le Bonheur des Ogres”, no compensation can be validly made by the Buyer between any sums owed by the company “Le Bonheur des Ogres”; and the amounts owed by the Buyer.

 

 

8. Preservation of products.

 

8.1 The Minimum Durability Date for Goods (MDD) corresponds to the period during which the organoleptic and nutritional qualities of the products of the company “Le Bonheur des Ogres” are guaranteed, subject to compliance with the storage conditions set out by the company. Happiness of the Ogres”. The Buyer will take note of the DDM of the goods and will act accordingly in terms of distribution, for which he is solely responsible.

 

8.2 The Buyer acknowledges having received precise and complete information from the company “Le Bonheur des Ogres” on the terms of use and conservation of the products delivered.

 

8.3 The Buyer undertakes to respect the optimal storage conditions indicated on the labels of the goods and merchandise delivered, as well as those resulting from the technical sheets of the company “Le Bonheur des Ogres”. In the event of a dispute, it will be up to the Buyer to demonstrate compliance with these conditions.

 

 

9. Labeling.

 

9.1 The goods made available by the company “Le Bonheur des Ogres” and their labeling comply with community regulations in force at the time of their delivery by the company “Le Bonheur des Ogres”; and published in the official journal of the European Union.

 

9.2 Therefore, in accordance with article 10 of these General Terms and Conditions, if he made a sale outside the French national territory, the Buyer would be solely responsible for compliance with the national standards of the sales territory which would be added to the regulations community. The Buyer guarantees the company “Le Bonheur des Ogres” against any action against it which could be implemented following a sale made by the Buyer outside French national territory.

 

9.3 Without prejudice to the preceding paragraph, if the Buyer wished to make changes to the labeling established by the company “Le Bonheur des Ogres”, he should obtain the prior written agreement of the company “Le Bonheur des Ogres”, to whom any additional or modifying labeling project will be submitted. This request will contain all the necessary supporting elements and the sworn translation into French for all the envisaged mentions, regulatory texts, established scientific analyzes or any other document useful for the understanding and justification of the envisaged mentions, at the expense of the Buyer. .

 

 

10. Buyer’s sales conditions and territory.

 

10.1 The Buyer undertakes; :-  as a reseller, to resell products from the company “Le Bonheur des Ogres” only to individuals. The Buyer undertakes not to resell the products of the company “Le Bonheur des Ogres” as is to professionals without the prior agreement of the company “Le Bonheur des Ogres”.

 

10.2 The Buyer, under the same conditions as provided above, may however make sales via the internet, subject to compliance with the conditions below.

 

10.3 The Buyer, if he develops sales via the internet, undertakes to resell the products of the company “Le Bonheur des Ogres” exclusively on his own website, expressly and prior to any resale, approved by the company “Le Happiness of the Ogres”.

 

10.4 The Buyer will not use third party websites and in particular online sales platforms, which are incompatible with the image of the products.

 

10.5 The Buyer's website will have a space exclusively devoted to the products of the company “Le Bonheur des Ogres”. He will not use flashing or shouting messages or any other means likely to devalue the high-end image of the products of the company “Le Bonheur des Ogres”

 

10.6 The graphic, technical and aesthetic quality of the site must comply with the graphic charter of  the company “Le Bonheur des Ogres”. The Buyer undertakes to respect the color codes, the presentation of the logos and the presentation of the products of the company “Le Bonheur des Ogres” using high quality images. The Buyer undertakes to mention on his website all the information usually accessible to customers in physical points of sale: composition, nutritional value, origin, etc.

 

10.7 The Buyer undertakes to immediately inform the company “Le Bonheur des Ogres” of any legal event affecting its social or personal structure (purchase, transfer, absorption, merger, change of company name, change of commercial name, etc.) .

 

10.8 Any Buyer who requests it may be given a brochure setting out recommended prices.

 

 

11. Product Warranties.

 

11.1 With regard to foodstuffs, defects or non-conformities affecting the product sold must be reported to the company “Le Bonheur des Ogres”, in writing and confirmed by registered mail with acknowledgment of receipt within 48 hours of their revelation. , specifying the quantity, the delivery date, the batch number and the MBD of the product concerned, in order to allow the company “Le Bonheur des Ogres”  to verify the merits or otherwise of the complaint. If these information methods are not respected, no guarantee can be mobilized.

 

11.2 No request or action for non-compliance or hidden defect may be initiated by the Buyer more than 21 calendar days after delivery of the products. Delivery of the products means the day scheduled for their delivery to the carrier or to the Buyer at the workshop of the company “Le Bonheur des Ogres”, according to the terms of article 4 of the General Terms and Conditions. After the expiration of this period, the Buyer will no longer be able to invoke a defect or non-conformity of the products, nor to raise this as a counterclaim or defense in the event of a debt recovery action initiated by the company “Le Bonheur des Ogres”.

 

11.3 In the event of a delay in delivery attributable to the Buyer, the guarantee will run from the date on which delivery should have taken place.

 

11.4 Defects and deterioration of the products delivered resulting from abnormal storage and/or conservation conditions during transport or at the Buyer's premises will not give rise to the guarantee owed by the company “Le Bonheur des Ogres”.

 

11.5 Under this guarantee, the company “Le Bonheur des Ogres” will only be required to issue a credit note of the same amount as the defective products, excluding tax and possible incidental costs, without the Buyer being able to claim obtaining reimbursement, damages and interest, for whatever reason.

 

11.6 The approval of the products by the Buyer is his sole responsibility and is not binding on the company “Le Bonheur des Ogres”.

 

11.7 The benefit of the guarantee granted to the BUYER may not be transferred to a sub-purchaser, except with prior approval by the company “Le Bonheur des Ogres”.

 

 

12. Return.

 

12.1 Any return of goods is subject to the prior written agreement of the company “Le Bonheur des Ogres”.

 

12.2 The Buyer must return the products in perfect condition for resale (not damaged, damaged or soiled), properly protected and ensure their conservation and transport in accordance with the conservation and storage instructions for the products.

 

12.3 Under this condition, and after qualitative and quantitative verification of the returned goods, if the defect claimed by the Buyer is proven, the company “Le Bonheur des Ogres” will issue a credit note for the benefit of the Buyer in the same amount as the price of the goods. goods affected by the defect, paid by the Buyer. Such a defect will not give rise to any other repair, in particular the payment of any compensation and/or damages and interest is excluded.

 

12.4 Returns that do not comply with the above procedure will not result in a credit being issued. The corresponding merchandise will be kept for a period of eight days at the expense of the Buyer, the latter assuming the risks. Beyond this period, the company “Le Bonheur des Ogres” may dispose of it freely, without any compensation or reimbursement being claimed by the buyer.

 

12.5 Unless there is written agreement from the company “Le Bonheur des Ogres”, receipt of the goods returned by the Buyer cannot constitute grounds for cancellation or termination of the sales contract.

 

12.6 Recovery of UNSOLD PRODUCTS - The recovery of unsold items is offered within a maximum of 4 months before the end of the MDD. A credit note, an equivalent exchange or a refund is then offered. This will contain the value of the returned goods as well as the amount of the return costs if, where applicable, the buyer had to send the package to our workshop at their own expense.

Goods that have been damaged or have been improperly stored do not fall within the scope of taking back unsold items.

 

12.7 Products recognized as defective may only be destroyed with the prior written consent of the company “Le Bonheur des Ogres”. The Buyer, responsible for the destruction, undertakes to provide a written destruction certificate containing all the information necessary to identify the destroyed products. In return, the company “Le Bonheur des Ogres” will issue the credit for the same amount as the products found to be defective, excluding charges and incidental costs.

 

 

13. Liability.

 

13.1 Notwithstanding any clause to the contrary, the commitment of the company “Le Bonheur des Ogres” in matters of tort or contractual liability, based on the violation of a contractual or legal obligation or any other cause, may in no case exceed the amount excluding tax and any incidental costs of the sale concerned.

 

13.2 In any case, the guarantee of the company “Le Bonheur des Ogres” does not include improper handling of the products on the part of the Buyer, the presence of humidity caused by the use of an incorrect handling process , natural risks, faulty storage and packaging conditions, the presence of insects, unless these defects pre-existed at the time of transfer of ownership, it is up to the Buyer to provide proof.

 

13.3 The guarantee of the company “Le Bonheur des Ogres” will only be used if the dispute exceeds €10 excluding tax.

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14. Intellectual property.

 

14.1 The brands and logos appearing on the products sold by the company “Le Bonheur des Ogres” are protected and registered with the competent organizations.

 

14.2 The Buyer does not have any intellectual property rights over the products of the company “Le Bonheur des Ogres” and in particular over these brands and logos. He undertakes to preserve them and not to harm the rights and interests of the company “Le Bonheur des Ogres”  and/or its suppliers and partners.

 

14.3 The use of these brands, logos and texts, on any commercial or other medium by the Buyer, directly or indirectly through a third party, must be subject to the prior written authorization of the company “The Happiness of the Ogres”

 

14.4 All technical or non-technical documents, products, photographs given to the Buyer remain the exclusive property of the company “Le Bonheur des Ogres”; and must be returned to him upon request. They must be kept confidential by the Buyer who refrains from communicating them to third parties, for any reason whatsoever.

 

14.5 The Buyer undertakes not to make any use of these documents that could infringe the industrial or intellectual property rights of the company “Le Bonheur des Ogres”; and/or its suppliers and partners and undertakes not to disclose them to any third party.

 

 

15. Force majeure.

 

15.1 Are considered as force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, to the extent that their occurrence makes impossible to fulfill obligations.

 

15.2 Are in particular assimilated to cases of force majeure or fortuitous events relieving the company “Le Bonheur des Ogres”  of its obligation to deliver within the deadlines initially planned: strikes of all or part of its staff or its suppliers or its usual carriers, fire, flood, war, production stoppages due to fortuitous breakdowns, the impossibility of being supplied with raw materials, epidemics, thawing barriers, roadblocks, EDF-GDF strikes or supply disruptions, or any other supply disruption for a non-attributable cause to the company “Le Bonheur des Ogres”

 

15.3 In such circumstances, the company “Le Bonheur des Ogres” will notify the Buyer in writing, in particular by fax or e-mail, the contract binding the company “Le Bonheur des Ogres” and the Buyer then being automatically suspended without compensation, from the date of occurrence of the event.

 

15.4 If the event were to last more than thirty (30) days from the date of its occurrence, the sales contract concluded by the company “Le Bonheur des Ogres”  and the Buyer may be resolved by the most diligent party, without either party being able to claim damages.

 

15.5 This resolution will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing said sales contract.

 

 

16. Applicable law.

 

Any question relating to these general conditions of sale as well as the sales that they govern, which are not dealt with by these contractual stipulations, will be governed by French law.

 

 

17. Jurisdiction – Dispute.

 

17.1 In the event of a dispute relating to the interpretation or execution of their commitments, the parties will seek in good faith, before any contentious action, an amicable agreement and will communicate to this end all the necessary information. The most diligent party will send a registered letter to this effect to the other in order to organize an effective discussion.

 

17.2 In the event of failure of this discussion or no response to the registered letter after a period of one month following its first presentation, the provisions below relating to legal recourse may be implemented.

 

17.3 In the absence of an amicable settlement as mentioned above, the Commercial Court of Lorient, FRANCE, will have sole jurisdiction in the event of a dispute of any nature or dispute relating to the formation, execution, interpretation of these general conditions of sale. or the sales contract between the parties.

 

17.4 This clause applies even in the event of interim relief, incidental request or multiple defendants or warranty appeal, and whatever the method and terms of payment, without the clauses attributing jurisdiction that may exist on the documents of the Buyer may obstruct the application of these conditions.

 

17.5 These General Conditions of Sale may be translated into several languages for practical reasons. However, only the French text will be authentic in the event of a dispute or differences of interpretation.

 

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T&Cs written & entered into force on: 05/28/2020.