General terms and conditions of sale

www.terradonis.com

Terradonis® - a registered trademark of ICS.

These terms and conditions of sale are agreed on the one hand by ICS with capital of €350,000, whose head office is at 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France), registered with the Trade and Companies Register under number B 342 787 363, hereinafter referred to as 'ICS', and on the other hand by any natural or legal person who wants to make a purchase via the ICS website hereinafter referred to as 'the buyer'. 

Purpose

These terms and conditions of sale aim to define contractual relations between ICS and the buyer and the terms and conditions applicable to any purchase made through ICS's commercial website, www.terradonis.com, whether the buyer is a professional or a consumer. 

The purchase of a good or service through this website implies unconditional acceptance by the buyer of these terms and conditions of sale. 

These terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly agreed by ICS. 

ICS reserves the right to amend its terms and conditions of sale at any time. In this case, the applicable conditions shall be those in force on the date the order is placed by the buyer. 

Description of the goods and services on sale

The products and services on sale are those which appear in the catalogue published on ICS's website - www.terradonis.com. 

The photographs in the catalogue are as faithful a representation as possible, but may not be exactly identical to the product sold, in particular as regards colours. 

Prices

The prices listed in the catalogue are prices excluding tax in euros. 
ICS reserves the right to modify its prices at any time. It is however understood that the price in the catalogue on the day the order is placed shall be the only one which applies to the buyer. 

The prices indicated do not include shipping costs and VAT which shall be applied at the end of the order. 

Geographical area

The online sale of the products and services presented on the website are intended for sale worldwide. 

Orders to be shipped to Metropolitan France

Buyers who want to buy a product or a service must follow one of these four procedures: 

Scenario 1: Buyers pay by bank card on the website

  • They fill out the website registration form on which they will provide all of the contact details requested;
  • They fill in the online order form with all the references of the products or services selected;
  • They accept the general terms and conditions of sale;
  • They confirm their order after it has been checked;
  • They make the payment online under the conditions set out;
  • They confirm their order and its payment by bank card.

Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement that they have been fully understood and waiving the right to use their own or any other purchase conditions. 

All of the data provided and the recorded confirmation constitute proof of the transaction. Confirmation shall be equivalent to signing and constitutes acceptance of the transactions carried out. 

The seller shall send confirmation that the order has been recorded by e-mail. 

Scenario 2: Buyers pay by cheque having ordered on the website

  • They fill out the website registration form on which they will provide all of the contact details requested;
  • They fill in the online order form with all the references of the products or services selected;
  • They accept the general terms and conditions of sale;
  • They confirm their order after it has been checked;
  • They make the payment online under the conditions set out;
  • They confirm their order and its payment by cheque;
  • They send their payment by cheque to the following address: ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France)

Receipt of the cheque by ICS implies acceptance of these terms and conditions of sale, acknowledgement that they have been fully understood and waiving the right to use their own or any other purchase conditions.  

All of the data provided and the recorded payment constitute proof of the transaction. 

Scenario 3: Buyers pay by cheque having requested a quote.

  • They send a request for a quote (model(s) wanted, type(s) of seed(s) to sow, the option(s) wanted) through the web page provided for this purpose, by e-mail or by post to ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France);
  • They check the quote received by e-mail or post;
  • They send a signed copy of the quote and their payment by cheque to the following address: ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France);

Receipt of the cheque and the signed quote implies acceptance of these terms and conditions of sale, acknowledgement that they have been fully understood and waiving the right to use their own or any other purchase conditions.  

All of the data provided and the recorded payment constitute proof of the transaction. 

Scenario 4: Buyers pay by bank transfer having requested a quote.

  • They send a request for a quote (model(s) wanted, type(s) of seed(s) to sow, the option(s) wanted) through the web page provided for this purpose, by e-mail (contact@ics-agri.com) or by post to ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France);
  • They check the quote/pro-forma received by e-mail or letter;
  • They make the payment by bank transfer: LCL Centre d’affaires 8124, 5 rue Georges Morvan - 17000 La Rochelle – France *** IBAN (International Bank Account Number) FR09 3000 2081 2400 0006 0940 K60 *** BIC (Bank Identifier Code) Swift address CRLYFRPP ***

The payment implies acceptance of these terms and conditions of sale, acknowledgement that they have been fully understood and waiving the right to use their own or any other purchase conditions.  

Orders to be shipped outside Metropolitan France

For deliveries outside Metropolitan France, orders are automatically subject to a request for a quote. If there is a distributor in the country where the order is received, we will send them the quote. If this is not the case we will handle it ourselves. 

Handling of quotes and orders by Terradonis

  • Buyers send a request for a quote (model(s) wanted, type(s) of seed(s) to sow, the option(s) wanted) through the web page provided for this purpose, by e-mail (contact@ics-agri.com) or by post to ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France);
  • They check the quote/pro-forma received by e-mail or letter;
  • They make the payment by bank transfer: LCL Centre d’affaires 8124, 5 rue Georges Morvan - 17000 La Rochelle – France *** IBAN (International Bank Account Number) FR09 3000 2081 2400 0006 0940 K60 *** BIC (Bank Identifier Code) Swift address CRLYFRPP ***

The payment implies acceptance of these terms and conditions of sale, acknowledgement that they have been fully understood and waiving the right to use their own or any other purchase conditions. 

Withdrawal

Buyers, who are non-professional natural persons, have a withdrawal period of seven days from the date they receive their order to return the product to the seller to exchange it or get a refund without penalty, except for return shipping costs. 

Terms of payment

Payment is made by bank card (on the website), by cheque or by bank transfer when the order is placed. 

  • Payment by bank card

Payments by bank card will be made on the website only, through the CM-CIC secure payment system which uses the SSL (Secure Sockets Layer) protocol to ensure that the information transmitted is encrypted by software and that no third party can intercept it while it is being transmitted over the network. 

The buyer's account is debited once the order is placed online. 

  • Payment by cheque

Payment by cheque and a copy of the signed quote must be sent by post to ICS, 12 rue du Soleil, ZA de Croix Fort 17220 La Jarrie (France). 

  • Payment by bank transfer for international customers

Payment by bank transfer: LCL Centre d’affaires 8124, 5 rue Georges Morvan - 17000 La Rochelle – France *** IBAN (International Bank Account Number) FR09 3000 2081 2400 0006 0940 K60 *** BIC (Bank Identifier Code) Swift address CRLYFRPP *** 

Customers outside Metropolitan France do not have to pay French VAT if they give us their intra-community VAT number before the offer is accepted. 

Deliveries

Deliveries shall be made to the address given on the order form. 

Parcels are shipped from Monday to Friday. Parcels shipped to Metropolitan France are delivered in under 24-48 hours, subject to availability of stock and in compliance with the carrier's commitments. 

The delivery date agreed for international shipments is not binding. In the event of late delivery, the buyer must indicate it in writing to the Seller and give them a reasonable amount of time to make the delivery. International deliveries shall be delivered in accordance with the Incoterms applicable on the date the agreement is concluded. 

Late deliveries shall not result in damages, deductions or the cancellation of outstanding orders. However, if the product has not been delivered 60 days after the delivery date given, for any reason other than due to force majeure, the sale may be cancelled at the request of either party; the buyer shall be repaid any sums paid excluding any other compensation or damages. 

The risks are borne by the buyer once the products have left ICS' premises (or our supplier's premises for some international shipments). In the event of damage during shipping, a complaint must be made to the carrier within three days of the delivery date. 

Force majeure

Force majeure events are those deemed to be unpredictable, unstoppable and external which make it impossible to implement the sales contract under the conditions set out. 
All force majeure events, as defined by the regulations and jurisprudence, constitute a reason for suspending or terminating the Store's obligations. 

Warranty

The products are guaranteed against any material or manufacturing defect for one year from the shipping date. Defects and deterioration caused by natural wear and tear or by an external accident (incorrect assembly, defective maintenance, abnormal use, etc.) or by any unforeseen or unspecified modification of the product by the seller, are not covered by the warranty. 

All claims, requests for an exchange or reimbursement must be sent by post to the following address: ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France). 

Responsibility

When selling online, the seller is only bound by 'a best endeavours' obligation; they cannot be held liable for damages resulting from using the Internet such as data loss, hacking, viruses, interruptions to service, or any other unintended problems. 

Intellectual property

In accordance with the provisions of the Loi Informatique et Libertés (French Data Protection Act) of 6 January 1978, a statement about the file containing personal data was made to the Commission Nationale Informatique et Libertés (the French Data Protection Authority). Under this law, the Customer has the right to access, rectify or oppose personal data collected about them. These rights may be exercised by sending a letter to ICS, 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (France) 

Personal data

Gemäß dem französischen Datenschutzgesetz (Loi Informatique et Libertés vom 6. Januar 1978) wurde eine Erklärung bezüglich der Datei mit personenbezogenen Daten an die Nationale Kommission für Informatik und Freiheiten (CNIL) abgegeben. Kraft dieses Gesetzes hat der Kunde ein Recht auf Zugang, Berichtigung und Einspruch in Bezug auf die von ihm erhobenen personenbezogenen Daten. Diese Rechte können schriftlich auf dem Postweg ausgeübt werden an die folgende Adresse ICS - 12 rue du Soleil, ZA de Croix Fort, 17220 La Jarrie (Frankreich).

Archiving & Proof

ICS shall archive purchase orders and invoices on a reliable and permanent system constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code. 

ICS' computerised records shall be considered by the parties as proof of communications, orders, payments and transactions between the parties. 

Settlement of disputes

The General Terms and Conditions of Sale shall be subject to French law. 
In the event of disputes, the Customer may address their complaints to ICS, 12 rue du Soleil, ZA de Croix Fort 17220 La Jarrie (France) to seek an amicable solution. In the absence of an amicable agreement between the Parties, the dispute shall be brought before the French courts.