{"id":2427,"date":"2026-08-27T15:30:01","date_gmt":"2026-08-27T13:30:01","guid":{"rendered":"https:\/\/protecflam.preprod-kalelia.fr\/remboursements_retours\/"},"modified":"2026-09-23T15:48:33","modified_gmt":"2026-09-23T13:48:33","slug":"tcs","status":"publish","type":"page","link":"https:\/\/protecflam.com\/en\/tcs\/","title":{"rendered":"Terms and Conditions of Sale"},"content":{"rendered":"\n
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Article 1 \u2013 Scope<\/h2>\n\n\n\n

1.1 \u2013 The sale of our products or services (hereinafter referred to as the \u2018Products\u2019) to any business customer within the meaning of the Consumer Code (hereinafter, the \u2018Customer\u2019) is subject to our general terms and conditions of supply, as currently in force. Any order implies acceptance of our terms and conditions, which take precedence over any other terms and conditions put forward by the Customer and over any other document not expressly accepted by us. This version of our general terms and conditions supersedes the previous version. We reserve the right to amend these terms and conditions at any time. These general terms and conditions may, where applicable, be supplemented by specific terms and conditions relating, in particular, to the sale of Products designed to improve the performance of wood-based materials, wood derivatives or materials based on lignocellulosic compounds.
1.2 \u2013 The fact that our company does not invoke the application of all or part of these general terms and conditions shall not be construed as a waiver of our rights or of our right to invoke them at a later date.<\/p>\n\n\n\n

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Article 2 \u2013 Offer, order confirmation, price<\/h2>\n\n\n\n

2.1 \u2013 Unless otherwise stated, our offers or quotations are valid for one month from the date on which they are issued. After this period, they may be amended. We reserve the right to make any changes to our Products, or to suspend or discontinue the sale of the Products, without prior notice or compensation.
2.2 \u2013 The Customer is contractually bound from the moment they place their order or accept our quotation. We are contractually bound only from the moment we send the Customer an order acknowledgement or upon delivery of our Products.
2.3 \u2013 Any additions or amendments relating to quantity, price, quality or dimensions must be confirmed in writing by the Customer no later than two working days following receipt of our order confirmation, as this may result in a change to the terms of the original order. We reserve the right to invoice the Customer for the portion of the order processed prior to the request for amendment.
2.4 \u2013 Our order confirmation is subject to stock availability and the results of the Customer\u2019s credit check. We therefore reserve the right to refuse or amend orders, or to make their fulfilment conditional upon payment in full (at the time of ordering or on delivery) or the provision of payment guarantees. The order is personal to the Customer and may not be assigned without our prior written consent.
2.5 \u2013 Unless otherwise agreed, our prices are quoted on an EXW basis (ex works) and exclude tax, in accordance with the price list in force at the time the order is received. VAT at the rate in force at the time of delivery shall be added to these prices. Unless otherwise agreed, our prices include the labour, materials, products and components required to fulfil the order.
2.6 \u2013 At the Customer\u2019s request, we may arrange for the transport of the Products in the Customer\u2019s name and on the Customer\u2019s behalf. Our prices will then be increased by the shipping costs (transport costs, insurance, customs duties) to the delivery address specified by the Customer, as negotiated by our company in the Customer\u2019s name and on the Customer\u2019s behalf.<\/p>\n\n\n\n

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Article 3 \u2013 Transport, delivery and storage<\/h2>\n\n\n\n

3.1 \u2013 Delivery times and dates are indicative. Failure to meet them does not entitle the Customer to cancel orders or to withhold payment on the agreed due dates, nor does it give rise to any right to compensation. The delivery period begins from the date our company acknowledges receipt of the order.
3.2 – Products dispatched and transported by a third-party carrier (whether or not chartered by our company) are always carried at the Customer\u2019s own risk.
3.3 – The Customer must check the delivered Products in the presence of the carrier at the time of delivery. To be taken into account, any discrepancy (missing product or product not in accordance with the delivery note and\/or the order, damaged parcel, etc.) must be clearly noted on the delivery note, accompanied by the signatures of both the Customer and the carrier. Failing this, the delivery shall be deemed to be in order.
3.4 \u2013 In accordance with Article L.133-3 of the Commercial Code, any reservations must be confirmed by registered letter with acknowledgement of receipt to the carrier and to our company within 48 hours of delivery. The Customer must note the customary reservations regarding apparent defects on the delivery note and on the consignment note. The Customer also has a period of 8 days from the date of delivery of the Products to raise reservations regarding non-conformity or non-apparent defects that may affect the Products delivered. Beyond this period, no claims will be accepted by our company. 3.4 From the date of availability notified by us, the Products will be eligible for a two-week grace period for collection if stored outdoors, and a one-week grace period if stored under cover (the latter being limited in any event to a maximum of 14 days). After this period, the storage of Products or materials on the Customer\u2019s behalf will be invoiced at the current rate, with any month commenced being charged in full. Covered storage will only be provided at the Customer\u2019s express request and subject to availability at the time.<\/p>\n\n\n\n

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Article 4 \u2013 Warranty, liability, complaints<\/h2>\n\n\n\n

4.1 – Our Products are guaranteed for twelve months from the date of delivery and comply with French regulations. We exclude any warranty and\/or liability arising from non-compliance with any other regulations or from the Customer\u2019s failure to follow the precautions for use set out in the technical data sheets for the relevant Products or in the guide to best practice for the storage and use of treated and untreated timber.
4.2 – We shall under no circumstances be liable for any changes to the materials (including, in particular, changes in the colour of the timber and dimensional changes) that may occur during the manufacture of our Products.
4.3 \u2013 In all cases, our liability is limited to the replacement of defective products and the value of the order. We cannot be held liable for indirect or consequential damages, such as, in particular, loss of turnover, operating losses or damage to reputation. This limitation applies to any warranty or liability relating to the products, whether arising from French or foreign legislation, including the statutory warranty of conformity or liability for defective products. <\/strong>
4.4 \u2013 Products found to be defective shall be replaced at our expense, subject to our written consent. The Customer undertakes, for its part, to destroy the defective Products in its possession, at its own risk and expense. The replacement of parts or Products during the above warranty period shall not have the effect of extending the aforementioned warranty period. Any complaints shall under no circumstances justify a delay in or refusal to settle our invoices.
4.5 \u2013 For any warranty or liability claim against our company to be admissible, the customer must notify us of the claim within the aforementioned period of 8 days and, in any event, legal proceedings must be brought within one year of the date of the event giving rise to such a claim.<\/strong><\/p>\n\n\n\n

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Article 5 \u2013 Retention of title, risks, retention of goods<\/h2>\n\n\n\n

5.1 \u2013 The transfer of title to our products is conditional upon full payment of the price, including the principal, interest, penalties and ancillary charges; such payment shall not be deemed to have been made until the corresponding sums have actually been received by our company. <\/strong>
5.2 \u2013 The Customer must inform us immediately of any measure, action, seizure, requisition, confiscation or any other measure that may call into question our ownership rights over the Products. In the event of non-payment by the Customer of a single instalment, we may, by registered letter with acknowledgement of receipt, without forfeiting any of our rights, demand the return of the Products at the Customer\u2019s expense and risk. These provisions shall not prevent the transfer to the Customer, upon the Products leaving our warehouses, of the risks of loss and deterioration of the Products sold, as well as any damage they may cause. 5.3 We reserve the right to exercise a right of retention over the Products or materials stored on behalf of a Customer who remains liable to us for any sum whatsoever.<\/p>\n\n\n\n

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Article 6 \u2013 Terms of payment<\/h2>\n\n\n\n

6.1 \u2013 Unless otherwise agreed, payment shall be made in cash upon delivery of the Products and without any discount. We may request payment of instalments at the time of ordering. No claim or dispute shall entitle the Customer to suspend payment of the invoice. No set-off, compensation or right of retention shall be permitted in respect of our invoices.
6.2 \u2013 In the event of late payment, and without the need for formal notice, any outstanding orders may be suspended or terminated automatically by our company, without prejudice to any claim for damages. In the event of failure to comply with the agreed payment terms, even for a single instalment, all sums owed to our company by the Customer shall become immediately due and payable. In the event of payment being made after the due date stated on the invoice, or beyond the time limit set out in these general terms and conditions, the Customer shall automatically be liable, without the need for formal notice or a reminder, to pay a late payment penalty equal to three times the statutory interest rate. In addition to the late payment penalties set out above, any Customer in arrears shall automatically be liable to pay us a fixed collection fee of 40 euros, without prejudice to any claim for additional compensation upon presentation of the relevant supporting documents.<\/p>\n\n\n\n

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Article 7 \u2013 Payment Guarantee<\/h2>\n\n\n\n

7.1 \u2013 We have sole discretion over the credit limits we agree to grant to a Customer. We reserve the right to require the Customer to provide us with any guarantee, surety or security sufficient to cover their obligations. In the event of refusal or inability to provide such guarantees, or in the event that our credit insurance provider refuses to grant cover, we reserve the right not to fulfil the order or to require payment in full upon receipt of the order.
7.2 – Le Client ayant la qualit\u00e9 d\u2019entreprise principale dans le cadre d\u2019un march\u00e9 doit respecter les dispositions de la loi du 31 d\u00e9cembre 1975 relative \u00e0 la sous-traitance et justifier de l\u2019accomplissement des formalit\u00e9s effectu\u00e9es. Il devra fournir une caution bancaire \u00e9quivalente au montant du march\u00e9, ou \u00e0 d\u00e9faut, r\u00e9gulariser avec le ma\u00eetre d\u2019ouvrage une d\u00e9l\u00e9gation de paiement. La mise en fabrication n\u2019interviendra qu\u2019apr\u00e8s acceptation de cette garantie et r\u00e9ception effective de tous documents y aff\u00e9rents.<\/p>\n\n\n\n

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Article 8 \u2013 Force majeure<\/h2>\n\n\n\n

8.1 \u2013 Our company shall not be held liable in the event of a failure to fulfil its obligations due to a force majeure event. Beyond its legal and case-law definition, force majeure refers to any event beyond our control, such as a strike, work stoppage or other industrial action amongst our staff or that of our suppliers or service providers, the occupation of factories or premises, a decision or failure to grant administrative authorisation, disruption or delay to transport, the inability to source products, raw materials, parts or components, equipment failure, machine breakdown, or the consequences of a public health emergency or the administrative closure of our facilities or those of our suppliers, in particular for health reasons.
8.2 \u2013 Should we be unable to fulfil our obligations due to a force majeure event, we shall inform the Customer as soon as possible and may, depending on the circumstances, either cancel the order or suspend its fulfilment, without the Customer being entitled to claim compensation or to cancel their order.<\/p>\n\n\n\n

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Article 9 \u2013 Suspension and termination of the contract<\/h2>\n\n\n\n

9.1 \u2013 Any event of force majeure shall automatically suspend our company\u2019s obligations and may release us from them if the event is of a permanent nature, without prior notice or compensation.
Failure by the Customer to fulfil their obligations regarding payment, the provision of security or the provision of a guarantee in favour of our company shall automatically suspend the fulfilment of the order until such time as the said obligation has been met. If the obligation is not met within 8 days of a formal notice remaining unheeded, the order shall be automatically cancelled.
9.2 \u2013 In the event of the Customer\u2019s failure to fulfil their obligations, we may cancel the order. Such cancellation shall entitle our company to claim damages. Where our company has manufactured all or part of the Products, the damages shall be equal to the pre-tax value of the Products in question. In all other cases, damages shall amount to 10 per cent of the pre-tax value of the Products ordered, as stated in the order confirmation.<\/p>\n\n\n\n

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Article 10 \u2013 Intellectual property, confidentiality<\/h2>\n\n\n\n

10.1 \u2013 The Customer undertakes to respect all of our intellectual property rights, including, without limitation, all patents, trade marks, Community designs (whether registered or unregistered), designs, copyright, trade names, database rights and other sui generis rights, plans, computer files, know-how and, more generally, all intellectual property rights, whether literary or industrial, whether registered, pending registration or unregistered (therefore including the right to register them), any renewals and extensions thereof in terms of classes or territories, as well as any related improvements and all visuals and texts published on our online ordering website, and acknowledges that they hold no rights over them. The Customer undertakes to take all necessary measures to ensure that they do not damage our image or that of our Products. The Customer undertakes to ensure the proper and respectful use, without any additions or modifications, of the graphic elements, logos, product visuals, packaging and any other elements provided, where applicable, for promotional purposes.
10.2 \u2013 In accordance with Directive (EU) 2016\/943 on the \u2018protection of undisclosed know-how and business information\u2019 of 8 June 2016, we intend to protect, by way of trade secrets, our know-how, in particular relating to product manufacturing and distribution, which constitutes confidential information insofar as it is known only to a limited number of people and is not readily accessible to third parties. The Customer therefore undertakes to maintain absolute confidentiality regarding any information and all aspects of the know-how of which they may become aware during the negotiation or fulfilment of orders, in particular concerning the specifications of our Products as well as the intellectual property rights relating to the Products, services, packaging and marketing materials and, more generally, to industrial, intellectual or financial information relating to our company and\/or our Products.
10.3 \u2013 The Customer guarantees that its directors, employees, staff, subcontractors and agents will comply with this clause.<\/p>\n\n\n\n

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Article 11 \u2013 Personal data<\/h2>\n\n\n\n

11.1 \u2013 We are responsible for the processing of the personal data of the Client and\/or its directors, employees, staff, subcontractors or agents who contact us in the Client\u2019s name and on its behalf (hereinafter referred to as the \u2018Data Subjects\u2019), in particular for the purposes of placing and fulfilling orders, paying invoices, managing sales prospecting, and managing rights and any disputes.
11.2 \u2013 Data subjects have the right to access, object to, rectify, restrict, withdraw consent to, and erase data concerning them, as well as the right to set out instructions regarding the handling of their personal data after their death, the right not to be subject to an automated individual decision, the right to data portability, and the right to lodge a complaint with the CNIL. The Customer undertakes to provide Data Subjects, at the latest at the time their data is collected, with the information contained in this article and in our privacy policy, which is made available to them and may be sent to them by email upon request. The Customer undertakes to indemnify us against any liability we may incur as a result of the Customer\u2019s failure to fulfil its obligations.<\/p>\n\n\n\n

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Article 12 \u2013 Governing law \u2013 Jurisdiction<\/h2>\n\n\n\n

12.1 \u2013 These general terms and conditions, supplemented where applicable by any specific terms of supply and by orders placed by the Customer, are governed by French law.
12.2 – In the event of any dispute or litigation relating to these general terms and conditions, any special terms and conditions, or orders placed by the Customer, and, more generally, for any dispute between us and the Customer, exclusive jurisdiction is conferred on the court with subject-matter jurisdiction at the location of our registered office, even in the event of summary proceedings, multiple defendants or third-party proceedings.<\/strong><\/p>\n\n\n\n

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Article 1 \u2013 Scope<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/page_master.php","meta":{"footnotes":""},"class_list":["post-2427","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/pages\/2427","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/comments?post=2427"}],"version-history":[{"count":5,"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/pages\/2427\/revisions"}],"predecessor-version":[{"id":3383,"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/pages\/2427\/revisions\/3383"}],"wp:attachment":[{"href":"https:\/\/protecflam.com\/en\/wp-json\/wp\/v2\/media?parent=2427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}