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GENERAL TERMS AND CONDITIONS OF PURCHASE FOR NEW AND USED PACKAGING CONTAINERS SERVICE

Last updated: April 2024

The company CONTAINERS SERVICE, a simplified joint-stock company registered with the Lyon Trade and Companies Register under number 424880219, with its registered office at 8 avenue Karl Marc - 69120 VAULX-EN-VELIN (hereinafter referred to as “the Company”), specializes in the sale of new and used industrial packaging.

It is reminded to the customer that the reuse of second-hand goods may require inspections, analyses, and studies, depending on their subsequent uses.

The customer declares that they possess the necessary skills or will engage competent professionals to reuse or dispose of the second-hand goods acquired in a manner that respects health, the environment, and regulations.

The customer acknowledges having received all necessary and useful information from the Company to make an informed commitment.


1. DEFINITIONS

For the interpretation of these general terms and conditions of sale (hereinafter the "GTC"), the following terms will have the meanings set out below:

  • Company: refers to CONTAINERS SERVICE, a simplified joint-stock company registered with the Lyon Trade and Companies Register under number 424880219, with its registered office at 8 avenue Karl Marc - 69120 VAULX-EN-VELIN.

  • Offer: refers to the product sale offer proposed online by the Company on its website.

  • Customer: refers to the professional, non-professional, or consumer customer who purchases the products.

  • Order: refers to any order for Products placed by the Customer, materialized by the online order process on the Company's Website, following the procedure defined therein.

  • Contract: refers to all contractual documents that will govern the legal relationships and obligations between the Parties, including these GTC.

  • Products: refers to the new or used products sold by the Company (Big Bags, strapping and rope, bags and nets, tanks, drums, cardboard, plastic crates, Eco Select solution, accessories, etc.), with the full Offer available on the Website.

  • Used Products: refers to the products sold by the Company that have already been used once and are potentially reusable.

  • Website: refers to the Company's website, accessible at www.containers-services.eu.

  • Parties: refers to the Company and the Customer.

Singular terms may be understood as plural and vice versa.


2. PURPOSE AND SCOPE

2.1. These GTC apply to any Order placed by the Customer with the Company and more broadly, to any Contract concluded between the Parties, in France or abroad, regardless of the place of execution. Any Offer is subject to the terms and conditions of these GTC, which form an integral part of it. The Customer's online acceptance or signature of these GTC is a prerequisite for placing any Order, and the Customer acknowledges having had sufficient time to fully understand and agree to them without reservation.

Furthermore, before any Order, the Customer receives from the Company the regulatory information required by the provisions of the Consumer Code, including:

  • The main characteristics of the Contract and the Products offered
  • The risks associated with their use
  • The identity of the Company, its postal, telephone, and electronic contact details, and its activities
  • The total price of the Products, including all taxes, or when the price cannot reasonably be calculated in advance, the method of price calculation and, if applicable, any additional costs or when these costs cannot be reasonably calculated in advance, a statement that these costs cannot be charged.
  • Where applicable, the payment terms.
  • The legal warranties and functionalities of the Products.
  • The duration of the Offers, and the conditions for terminating the Contract.

2.2. These GTC take precedence over any purchase conditions or other documents from the Customer, except for any prior express and written exemption by the Company. Therefore, any contrary conditions will not be binding on the Company, regardless of when they were brought to its attention, unless there is a prior written agreement between the Parties. These GTC also take precedence over any specific contractual provisions stated on the Purchase Order.

2.3. These GTC are available on the Company’s Website and can be provided to the Customer by mail upon request. They may be modified by the Company at any time. The new version will apply to orders placed after their modification.


3. IMPORTANT INFORMATION

3.1. Available Information

Within their contractual relationship, the Company provides the Customer with all essential information regarding the Products. However, regarding Used Products, the Customer is informed that due to their origin, the Company does not necessarily have all the information generally available for new Products.

The Customer acknowledges that they have obtained all the essential information necessary to understand their needs and determine their consent and declares that they have accessed the materials and documents requested. Consequently, they cannot claim a lack of information regarding elements they never requested, which the Company does not possess, or which they could reasonably consider non-determinative.

3.2. Descriptions of Used Products

Used Products are industrial packaging that has already been used once. They originate from the agri-food industry and have not contained or been in contact with hazardous products during their first use.

In accordance with the Environmental Code, Used Products may be reused for similar or other uses, or even for identical uses (Art. L. 541-1-1).

The Customer is informed that the Used Products have undergone a visual inspection and pre-sorting but have not undergone any preparation for reuse (cleaning and repair) or reconditioning (tests to ensure they meet legal safety obligations and the expected use). They may, therefore, require refurbishment, repair, and testing to determine their suitability for use and performance. If applicable, the Customer is informed via the Product Sheet.

Furthermore, the Customer declares that they possess the necessary skills or will engage competent professionals to reuse or dispose of the acquired Used Products according to the intended use, in conditions that respect safety, health, the environment, and regulations.

The Company reminds the Customer that due to the origin of Used Products:

I. The performance and characteristics of Used Products are not equivalent to those of new products.

II. Used Products may have defects induced by their first use.

III. Used Products may have varying characteristics and qualities and may have cosmetic, aesthetic, technical, or other defects.

IV. Used Products have not undergone any preparation for reuse or reconditioning.

V. Used Products may require cleaning, inspection, repair, refurbishment, or reconditioning before being reused.

VI. In the absence of cleaning and due to their previous use, the Products may contain non-hazardous food residues.

The Customer is also informed that the Company sells Used Products as-is and that the effective potential for reuse of Used Products will depend on the intended use.

The Used Products sold are listed and described on the Purchase Order and/or the Product Sheet available on the website before the Order and attached to the Purchase Order.

3.3. Conditions for Using Used Products

The Customer agrees to use the Used Products according to the specifications of the Manufacturer and the Company as detailed in these GTC and/or its Annexes, the Product Sheet, and/or any document provided by the Company at the time of sale.

The Customer agrees to use, and if necessary, dispose of the Used Products without risk to safety, health, and the environment, and in compliance with applicable regulations.

The Customer is informed that due to their characteristics, health risks induced by their first use, and in accordance with regulations, the Used Products are not suitable for “Safety Contact.” As such, the use of Used Products for the following purposes is strictly excluded:

  • Human foodstuffs
  • Products dangerous to safety, health, and the environment (in particular chemicals, toxic, infectious, radioactive, or flammable)
  • Medical devices, including in vitro
  • Medicines for human use
  • Animal feed
  • Veterinary medicines

Furthermore, certain uses may be specifically excluded due to the characteristics or performance of a particular Used Product. If applicable, this exclusion will be specified in the Product Sheet or communicated to the Customer by any means.

The Customer is also informed that it is strictly prohibited to reuse any Used Product marked as single-use on the label, in the Product Sheet, or any other document provided by the Company, for the same use.

The Customer agrees to prioritize a safe use for safety, health, and the environment, considering the characteristics, condition, and performance of the acquired Used Product.

In particular, the Company draws the Customer's attention to the risks and dangers associated with the reuse of a single-use big bag. The Customer is informed that single-use used big bags must contain a load lower than that specified on the label, in the Product Sheet, by the manufacturer, or by the Company by any other means, and should not be handled from the top to avoid the risk of rupture.


4. WARRANTIES

4.1. Product Compliance

4.1.1. Warranty of Conformity

The Company guarantees that the Products delivered conform to the specifications agreed upon by the Parties. The Company is also bound by the legal obligation of conformity provided for in Article L217-3 of the Consumer Code with respect to its consumer Clients. The professional Client is informed that they do not benefit from this legal warranty.

The Client acknowledges that the compliance of used Products depends on their condition, performance, and characteristics as described in Article 3 of these terms, and as stated in the Product Sheet, the Order Form, and/or any other document provided by the Company.

The Client is informed that photographs of used Products of the same type as those being sold, which may accompany the Order Form, are purely indicative and are not part of the contractual documents. The Client is also informed that they may receive used Products that differ from these photographs and that the compliance of the used Products sold should only be assessed based on the provisions of these General Terms and Conditions of Sale, the Product Sheet, the Order Form, or any document provided by the Company at the time of the Order.

The Company also reminds that it does not guarantee the equivalence of the characteristics and performance of used Products to those of a new product.

The Client expressly acknowledges that used Products are pre-owned Products, which benefit from standard tolerances due to usage, and may have defects. The Client is informed of this prior to the sale and cannot use this as grounds to claim non-compliance.

4.1.2. Reception and Non-Compliance

It is the Client's responsibility to inspect the Products at the time of delivery.

To be enforceable, any reservations by the Client must be recorded in writing on the delivery note, in the section provided for this purpose. The delivery note must be signed by the Client.

The Client is invited to submit a claim within 48 hours following delivery to the following email address: (serviceclients@containers-service.eu), providing the following three pieces of evidence:

  • The Order Form and/or the quotation
  • The delivery note
  • One or more photographs showing the non-compliance

In the event of non-compliance of the Products with the Contract, the Client may request the Company to proceed with a new delivery of the Products within a reasonable timeframe. If replacing the Products is impossible or if the Client does not wish for a replacement, the Company offers a partial or full refund of the price.

The Client is informed that if they accept the Products without reservation, they cannot later claim any apparent defects, and the Company will not be held liable in this regard.

4.2. Hidden Defects

The Company is liable for warranty against hidden defects of the Products that the Client was unaware of at the time of the sale, which make them unsuitable for their intended use or significantly diminish their usability, under the conditions provided by law and case law.

However, this warranty is excluded if the Parties are professionals in the same specialty.

4.3. After-Sales Service

For any issues related to after-sales service, including non-compliance or the implementation of warranties, the Client is invited to contact the Company by email at serviceclients@containers-service.eu or by phone (standard rate) at the number 04 74 58 70 86.


5. WARRANTY EXCLUSIONS

5.1. Absence of Commercial Warranty

The Company draws the Client’s attention to the fact that no contractual warranty on the Products is granted by the Company to the Client under this Contract.

5.2. Defective Products

Since the Company is not the manufacturer of the Products, it cannot be held liable in the event of a defective product, meaning a product that does not offer the safety one can legitimately expect.

The Company commits to providing the Client with the name and contact details of the manufacturer when it has this information.

In any case, where the Company's liability may still be sought based on liability for defective products, such liability is excluded for any damage caused to property (other than the Products sold) that is not used by the victim primarily for private use or consumption.

5.3. Exclusion of Price Reduction Mechanism (Used Products)

Since used Products are pre-owned, they may have defects related to their previous use. Their price is set considering these existing defects.

The Client is informed of this before the sale and cannot invoke it to request a price reduction.

5.4. Other Warranty Exclusions

All warranties are also excluded in the following cases:

  • Normal wear and tear of the Product
  • Improper use or negligence in the use and/or maintenance of the Product by the Client or a third party compared to the usual use of an equivalent item
  • Defects originating outside the Product
  • Modification, incorporation, or repair of the Product by the Client or a third party
  • Eviction, except when resulting from the Company's own actions.


6. FORMATION OF THE CONTRACT – ORDERS

6.1. Online Subscription of an Offer

The Client's online subscription to an Offer constitutes a firm and definitive Order with the Company, subject to the withdrawal period guaranteed to the Client, as specified in Article 6.6 below.

6.2. Non-Applicability of the Withdrawal Period for Customized Products

In accordance with the applicable regulations, the withdrawal period does not apply to custom-made Products, particularly those made to the Client's specifications or significantly personalized. The Client agrees to contact the Company for any customized request of the Offer. In such a case, the Company will prepare and send a custom quotation to the Client for validation based on the received specifications.

6.3. Accuracy of Client Information

All information provided by the Client when placing the Order is binding on the Client, and the Company cannot be held responsible for any consequences arising from an error.

6.4. Order Confirmation

The Company will send the Client an Order Confirmation, in the form of an Order Form, by any means, along with these General Terms and Conditions of Sale and the withdrawal form as provided in Article 6.6 below.

6.5. Modifications to the Order

Any request from the Client to modify their Order can only be considered with the express agreement of the Company and subject to the following conditions:

  • The request must be received in writing before the delivery of the Products.
  • The request must be duly justified by a legitimate reason, understood as any event beyond the control of the concerned Party or any other event having the characteristics of force majeure, as referred to in Article 14.4 below.

6.6. WITHDRAWAL PERIOD

IN ACCORDANCE WITH THE APPLICABLE REGULATIONS REGARDING CONSUMER SALES, THE CONSUMER CLIENT OR NON-PROFESSIONAL AS DEFINED IN THE CONSUMER CODE, OR A PROFESSIONAL CLIENT REFERRED TO IN ARTICLE L221-3 OF THE CONSUMER CODE, HAS A WITHDRAWAL PERIOD OF 14 DAYS FROM THE DATE OF DELIVERY OF THE PRODUCTS.

IF THE CONSUMER CLIENT OR NON-PROFESSIONAL WISHES TO EXERCISE THEIR RIGHT OF WITHDRAWAL BEFORE THE END OF THE AFOREMENTIONED PERIOD, THEY MUST SEND TO THE COMPANY BY [specify: registered letter with acknowledgment of receipt]:

  • THE STANDARD WITHDRAWAL FORM AVAILABLE IN THE ANNEX TO ARTICLE R221-1 OF THE CONSUMER CODE
  • OR A CLEAR STATEMENT EXPRESSING THEIR DESIRE TO WITHDRAW.

In the event of a dispute, it is the Client's responsibility to prove that the withdrawal period has been respected. If the execution of the Contract includes the delivery of Products, the Client has 14 days following their withdrawal to return the delivered Products.

In this case, the Client only pays the direct costs of returning the Products. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.).

The Company commits to refunding the Client, at the latest within 14 days following the date it was informed of the Client’s decision to withdraw, the total amount paid, minus any processing fees, which will remain with the Company. In the case of Product delivery, the Company reserves the right to delay the refund until the Products concerned have been returned or until the Client has provided proof of shipment of said Products.

Notwithstanding the above, when the delivery date is set by the Parties before the end of the 14-day withdrawal period, the Client acknowledges that, in accordance with Article L221-25 of the Consumer Code:

(i) they will no longer have the right to withdraw after the full performance of the services.

(ii) the amount due to MOOR REEMPLOI will correspond to the service provided up to the communication of the withdrawal decision, proportionately to the total price of the quotation, in the case of a service that has started but not been completed.

6.7. Non-Cancelability for Professional Clients

Unless there is prior written agreement from the Company, no order placed by a professional Client as defined in the Consumer Code may be canceled, even partially.

6.8. Contact for Questions

For any questions, particularly regarding an Order, its follow-up, or execution, exercising the right of withdrawal, or implementing warranties, the Client is invited to contact the Company via the email addresses servicecom@containers-service.eu / assistante@containers-service.eu / serviceclients@containers-service.eu or by phone (standard rate) at the number 04 74 58 70 86.

6.9. Right to Terminate the Contract

Each Party reserves the right to terminate the Contract, without prejudice to any claim for damages, in the event of a breach by the other Party of any of its obligations under the Contract, if it is not remedied within fifteen (15) days following the first presentation, by any written means with acknowledgment of receipt, of a notice to remedy the breach(es) in question; the termination will then take effect at the end of the aforementioned fifteen (15) day period without further formality.

In the event of termination by the Client based on a duly established breach by the Company in writing, the Company will refund the Client only the amounts paid under the Contract for which the Company’s breach is substantiated, without any further compensation to the Client.


7. PRICES AND PAYMENT TERMS

7.1. The Products are provided at the rates in effect on the date of the Order’s receipt and in accordance with the terms of the Offer. The prices displayed are net, excluding taxes, in euros, and do not include processing and shipping costs. The total amount including taxes will be displayed at the end of the order process.

7.2. Subject to the provisions of Article 6.6 above, any Order placed with the Company is due and fully binding on the Client.

In these conditions, the Products are payable in a single installment, without any discount:

  • online via a secure system at the time of placing the Order
  • by bank transfer to the Company's account, whose banking details will be provided to the Client when placing the Order
  • by check made payable to the Company and sent by post to the Company's registered office, currently located at 8 Avenue Karl Marx, 69120 Vaulx-en-Velin.

It should be noted that in the last two cases mentioned above, the Products will only be delivered once the total amount of the corresponding Order has been successfully received by the Company.

7.3. When the Client is a professional as defined by the Consumer Code, meaning when acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting in the name or on behalf of another professional, any late payment will automatically incur penalties calculated at a rate of three (3) times the legal interest rate, starting from the due date. The penalty is incurred as soon as the payment is not made by the due date on the invoice, without the need for a reminder.

7.4. Additionally, in case of late payment, the Client will automatically owe a fixed recovery fee of forty euros (€40).

7.5. If payment is made in installments, the non-payment of any single installment will result in the immediate payment of the entire debt, under the conditions of Article 3.8 above.

7.6. Under no circumstances may payments be suspended or be subject to any compensation at the sole initiative of the Client without the prior written agreement of both Parties. Any partial payment will immediately suspend the account and will be first applied to the non-preferred part of the debt, then to the amounts whose payment is oldest.


8. DELIVERY

8.1. Unless otherwise agreed in the Purchase Order, delivery is made at the Client's expense. In this regard, the Client is informed that the delivery price is not included in the price of the Products.

The delivery methods (packaging, loading, and securing for the transport of the Products as well as unloading at the delivery location, the delivery date or deadline) are specified in the Purchase Order when delivery is carried out by the Company or according to the specifications of the commissioned carrier.

The Products may be made available to the Client by the Company for pickup. In such a case, the Parties agree to arrange an appointment to define the pickup procedures and sign a pickup slip.

The delivery or pickup of the Products is documented by a delivery slip signed by the Client.

8.2. The Company reserves the right to deliver an order in several shipments. A partial delivery does not release the Client from their obligations concerning the rest of the Order. The Company is also authorized to deliver the Products in advance.

8.3. The Client is required to check the apparent condition of the Products upon delivery. Failing an express claim made by the Client within 15 days of their delivery, and in any event, the delivered Products will be deemed to conform in quantity and quality to the Order.

No claim will be validly accepted if these formalities are not followed by the Client.


9. DELIVERY TIMES

9.1. Except for consumer Clients as defined by the Consumer Code for whom delivery times are firm, all delivery dates or times mentioned in the Purchase Order are approximate. The Company agrees to make its best efforts to deliver the Products within a reasonable time and to promptly inform the Client of any potential delay. In the absence of an indication or agreement on the delivery date, the Company is obliged to deliver the Products within one month (30 days). The delivery times for the Products are counted from the date the Order is received by the Company. Any modification of the Order, subject to its acceptance by the Company, will restart the delivery time.

9.2. The Company cannot be held responsible for delays due to a case of force majeure as defined by the Civil Code or the fault of the Client (for example, information, data, or delivery details not communicated or incorrect).

In the case of pickup by the Client, a deadline ensuring the quality and availability of the item is set at a minimum of 30 days after the order is placed. After this period, the quality of the item may be compromised, or availability may no longer be possible. In any event, the Company will not be responsible for the item not picked up within these conditions after this period.


10. TRANSFER OF OWNERSHIP

10.1. UNLESS OTHERWISE SPECIFIED, THE COMPANY RESERVES OWNERSHIP OF THE DELIVERED PRODUCTS UNTIL FULL PAYMENT BY THE CLIENT. The complete transfer of ownership only occurs after payment of the total price and its accessories, regardless of the delivery date of the Products.

10.2. The Client shall inform the Company of any intervention or claim by a third party that may infringe upon its rights to the Products so that the latter may oppose it and take all necessary protective measures to safeguard its rights.


11. TRANSFER OF RISKS

11.1. All risks of loss or damage to the Products are transferred to the professional Client upon delivery of the Products to the Client, i.e., upon signing the delivery slip, or upon their delivery to the carrier.

11.2. All risks of loss or damage to the Products are transferred to the consumer Client when the latter, or any third party designated by them, other than the carrier proposed by the Company, physically takes possession of said Products.


12. COMPANY LIABILITY – LIMITATION AND EXCLUSION

12.1 The Company's liability is strictly limited to the obligations defined in the Contract. The Company cannot be held liable for (i) indirect or immaterial damages, (ii) damages related to the non-conformity of the Products to the Client's needs when the Client has not informed the Company of their specific needs, (iii) in the cases provided for in Article 5 of these terms (Warranty Exclusions), (iv) damages due to a cause beyond the Company's control, (v) when the performance of said Products or other specifications are not contractually agreed upon, (vi) in case of an event that meets the characteristics of force majeure, as this concept is commonly understood by French jurisprudence and courts, or any other cause of exoneration, as defined in Article 13 below.

In any event, the total financial consequences resulting from the Company's liability for its various obligations cannot exceed the amount paid by the Client for the relevant Order.

12.2. The Company's liability cannot be sought beyond one (1) year from the day the professional Client became aware or should have become aware of the disputed facts. In the event that the Company's liability is engaged under the Contract, the maximum amount of compensation that may be awarded cannot exceed the total amount excluding taxes invoiced to the Client for the order that caused the damage. This clause does not apply to consumer Clients as defined by the Consumer Code.


13. EXEMPTION CLAUSES

All circumstances beyond the Company's control occurring after the conclusion of the Contract, and preventing its execution under normal conditions, particularly force majeure, are considered causes for exemption. Circumstances beyond the Company's control under this clause are those that do not result from its fault.


14. DISPUTES

These General Terms and Conditions of Sale are governed and interpreted by French law. THE COURTS OF LYON WILL HAVE SOLE JURISDICTION FOR ANY DISPUTE CONCERNING THE VALIDITY, INTERPRETATION, AND EXECUTION OF THE CONTRACT, EVEN IN CASE OF THIRD-PARTY CLAIMS OR MULTIPLE DEFENDANTS. Additionally, consumer Clients may submit the resolution of any dispute to the European Online Dispute Resolution platform, established by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is available at the following address: [http://ec.europa.eu/odr]. When the Client is a professional as defined by the Consumer Code, prior to bringing the matter before the competent courts, the Parties agree to attempt to find an amicable solution to the dispute between them. This clause does not apply to consumers and non-professionals as defined by the Consumer Code.


15. HEADINGS

The article headings appearing in these General Terms and Conditions of Sale are inserted for convenience and do not define, interpret, or describe the scope of an article.


16. CONTRACTUAL DOCUMENTS

The contractual relationship between the Client and the Company is governed by the following documents, ranked in ascending hierarchical order: (i) these General Terms and Conditions of Sale, (ii) its Annexes, (iii) the Purchase Order.