Terms of Use for Our Digital Plateforms

GENERAL TERMS AND CONDITIONS OF SALE

 1)      SCOPE

The General Terms and Conditions of Sale (hereinafter “GTC”) described below are intended to govern all contractual relations between SOPREMA Inc. and its customers (hereinafter “Customer”) who place an order through the SOPREMA customer portal at soprema.ca/en/customer/account/ (hereinafter “Site”).

 

The GTC apply without restriction or reservation to all sales of products appearing on our Site, to the exclusion of purchases made outside the Site.

 

SOPREMA may revise the GTC at any time. The latest version is available on our Site https://www.soprema.ca/en/terms-of-use. The applicable version is the one in effect on the date of the order.

 

 2)      ORDERS

The ordering of products on the Site shall be carried out according to the process described below.

 a)  Customer identification:

 

Before placing an order online, the Customer must identify themselves by logging in to their customer portal. The order can then be placed on the product page or directly from the portal. Opening an account requires the entry of two identifiers: an email address and a chosen password. The Customer’s identifiers are personal and must be kept confidential.

The Customer agrees to provide SOPREMA with accurate and reliable information. SOPREMA shall not be held liable in the event that the information provided by the Customer is inaccurate or incomplete, and SOPREMA reserves the right to cancel the Customer’s order and delete their user account.

The Customer may access the personal data communicated to SOPREMA upon request, in accordance with the procedure described in Article 12.

 

 

 

b)     Placement of order:

 

Once the products have been selected and the Customer’s identification data has been entered, the Customer may proceed to select the delivery method (delivery by SOPREMA to an address or pick-up by the Customer at a service point).

No payment is made on the Site.

The Customer then receives a summary of the order, including the items and quantities selected, the price of the items, and the delivery method chosen. A number will also be assigned to the order.

 

c)      Final confirmation of order:

 

Once an order has been placed on the Site, it will be processed within 48 hours by SOPREMA Customer Service, which will send the Customer verbal or written confirmation of the order. This confirmation will include the quantity ordered for each item, the order number, the payment deadline and, if the order is to be picked up at a service point, a pick-up number will be included with confirmation of the pick-up time. Customer Service will also contact the Customer by telephone in order to provide details of delivery times and costs.

SOPREMA is committed to an order only from the moment Customer Service sends the Customer confirmation of receipt of the order by email and collects the Customer’s payment, or agrees to a method of payment in accordance with Article 4.

 

d)     Modification or cancellation of order:

 

Any order may be modified at the request of the Customer, upon prior contact with SOPREMA Customer Service. Any changes must be approved by SOPREMA and may affect the delivery date.

 

 

 

e)      Availability of products

 

Items are available from SOPREMA while stocks last. Therefore, should an ordered product be unavailable, SOPREMA undertakes to inform the Customer as soon as possible and to cancel the order.

 

 3)      PRICING

The prices indicated on the Site do not include applicable taxes or freight charges, and are established on the basis of the economic conditions known at the date of pricing in accordance with legal provisions, and may, from time to time, be subject to specific conditions or a limited validity period.

Invoicing is based on the SOPREMA price list, applicable taxes and freight charges in effect on the day of delivery, taking into account changes in charges imposed by regulation or legislation and increases in related costs.

Any changes to the prices listed on the Site will be communicated to the Customer with 30 days’ notice.

 

 4)      PAYMENT

Products are payable in cash, by bank transfer, or by cheque at the time of order, without discount. Any other payment modalities must be agreed in writing with SOPREMA.

In the event that a payment deadline is agreed upon, non-payment of an invoice on its due date shall automatically result in all invoices, including those not yet due, becoming immediately payable, and may result, at SOPREMA’s discretion, in the suspension of deliveries, as well as the cancellation of orders and negotiations in progress, without entitling the Customer to any claim whatsoever for damages.

In all cases other than cash payment, SOPREMA reserves the right to require a creditworthy surety for the payment of the price of products delivered or deliverable, or to suspend deliveries, or even to cancel orders in progress, if it receives negative information concerning the solvency of the Customer, even after confirmation of the order by SOPREMA.

Any complaint does not release the Customer from the obligation to pay invoices when due. In the event of non-payment, the late-payment penalty plan set out below shall automatically apply.

Under no circumstances may payment be contingent on the payment of credits or subsidies requested by the Customer, or on benefits reimbursed by the Customer’s insurer.

 

 5)      INTEREST

Any unpaid amount (NET 30 DAYS) will bear interest at a compound rate of two percent (2%) per month, i.e. 26.8% per annum, and SOPREMA reserves the right to cancel the authorized credit limit at any time. Payment is executed on the date on which the funds are paid into SOPREMA’s account. Interest will then cease to accrue.

If SOPREMA must use the services of a third party to collect the sums due, an additional amount corresponding to 20% of the sums then due shall be payable by the CUSTOMER as liquidated damages.

Any negotiated payment terms contravening these General Terms and Conditions shall in any event be effective from the date of invoicing.

All payments are to be made to the head office of SOPREMA.

 

 6)      TITLE RETENTION CLAUSE

SOPREMA reserves full ownership of the products/goods delivered until full payment of the invoiced price. Notwithstanding the title retention, the Customer shall bear the risk as soon as the products have been handed over to the carrier for delivery to the Customer’s premises. As long as SOPREMA retains ownership of the products, the Customer shall store them in such a way that they cannot be mistaken for other products, and in particular shall keep the identification markings.

The materials sold remain the full and absolute property of SOPREMA until full payment of principal, interest and costs, at which time SOPREMA reserves the right to publish, at its own expense, its ownership of said goods in the appropriate register of personal and movable real rights, to which the Customer agrees. In the event of non-payment of said goods, SOPREMA may repossess the goods sold and retain, as liquidated damages, any sums already paid.

In the absence of full payment within the agreed terms, the Customer agrees to return the products upon SOPREMA’s request. The Customer will then be responsible for any costs incurred to restore the goods to the condition they were in at the time of delivery.

Until full payment has been received, the Customer may not use the products sold. The Customer undertakes to inform any third party, in particular in the event of a seizure, of the fact that the products subject to the title retention clause belong to SOPREMA and to inform SOPREMA immediately of any seizure or similar procedure.

 7)      ORDER DELIVERY

Delivery will be made to the address indicated by the Customer at the time of placing the order, subject to acceptance by the Customer Service representative, who may refuse delivery if conditions so warrant.

Delivery times are indicative and may vary according to supply availability and transport contingencies of the seller and their suppliers.

Exceeding delivery deadlines or suspending delivery due to causes beyond the control of SOPREMA shall not give rise to damages, holdbacks or cancellation of orders in progress.

Delivery times begin only once SOPREMA has received acknowledgement of receipt of the order from Customer Service by email.

However, if four months after the indicative delivery date, or one month after an unsuccessful formal notice, the product has not been delivered, for any reason other than force majeure, the sale may be cancelled at the request of either party. The Customer may obtain a refund of the amount paid or a deposit, excluding any other compensation or damages.

The following are considered to be cases of force majeure that relieve the seller of its delivery obligation: war, riots, fire, strikes, protests, accidents, inability to obtain supplies, etc.

In all cases, on-time delivery can only occur if the Customer complies with their obligations towards SOPREMA, whatever their nature.

The parties will inform each other in writing, as soon as possible, of the date of occurrence of an event of force majeure likely to prevent the execution of the order.

The execution of the order will then be suspended ipso jure, without compensation, from the date of this communication.

If the event should last more than thirty (30) days, the order may be terminated by the most diligent party, without either party being entitled to claim damages.

Such termination shall take effect on the date of receipt of a registered letter to this effect or, on a bailiff’s date of service of such notice of termination.

 

 8)      TRANSPORTATION

All goods sold, which are to be delivered by a SOPREMA carrier, travel under the responsibility of SOPREMA.

 

If the Customer wishes to arrange a pick-up at a SOPREMA service point, the choice of transportation mode is left to the Customer’s discretion. Once the goods have been handed over to the Customer, they are responsible for the materials in transit.

 

Note that when the Customer receives delivery of SOPREMA materials, the Customer must validate the order items and confirm the accuracy of the order. It is the Customer’s responsibility to make all necessary inspections and to notify the carrier immediately of any breakages or incorrect quantities. This information must be indicated directly on the delivery note. It will then be the carrier’s responsibility to give this note to SOPREMA so that the claim can be processed. SOPREMA will analyze the request, which will only be taken into consideration if:

 

a)      it is accompanied by the SOPREMA delivery note indicating the damage or absence of delivery;

b)     it is accompanied by material identification details (control sheet, photo, item number, etc.);

c)      it details the nature of the claim (quantity, defect, damaged packaging, etc.);

d)     it is sent to SOPREMA Customer Service on the same day that the goods are received (via the delivery note);

e)      the goods delivered have not already been used.

 

 9)      RECEIPT OF PRODUCTS

Receipt takes place on the date and at the place of delivery agreed with SOPREMA Customer Service.

It is formalized by the signing of a delivery note with the name of the signatory clearly indicated.

Failing this, acknowledgement of receipt will result, among other things, from one of the following circumstances:

a)       taking possession of the goods;

b)       making full payment clear of encumbrances.

During deliveries, the receiver shall ensure that the products are unloaded within sixty (60) minutes of the carrier’s arrival at the place of receipt. SOPREMA will invoice the Customer for any costs inherent in redelivery or delayed delivery.

Any product returned without prior agreement from SOPREMA will not be refunded in full. A fee of 15% of the invoice amount will be charged in addition to the shipping costs.

 

 10) PICK-UP from a service point

For all online orders, the Customer will have the option of picking up the order directly at a service point. For this option, the Customer must select “pick-up at a service point” when placing an order on the Site.

Once the order has been validated, the Customer shall contact a Customer Service representative to confirm the pick-up location and time and receive a pick-up number. No shipping charges will be billed to the Customer for orders picked up at a service point.

The order number and proof of identity may be requested at the time of pick-up. The Customer’s order will be held for 48 hours following the agreed pick-up date. After this period, the order may be cancelled at SOPREMA’s discretion.

 

 11) RESPONSIBILITIES

 

SOPREMA can only be held responsible for its own products within the specified conditions and legal limitations.

SOPREMA shall not be liable for any loss or damage arising from:

a)       the use of products in contradiction with trade practices, and the use of products other than in compliance with technical or safety data sheets, professional rules, installation methods, applicable regulations, and standards or rules provided by SOPREMA in effect at the time of delivery;

b)       the use of products which are obviously defective, or which have been modified in any way, or which are defective as a result of handling or storage conditions, or the length of time they have been stored by the Customer or on site.

SOPREMA’s liability is expressly limited to the replacement of goods found to be defective, to the exclusion of any other compensation.

Finally, SOPREMA cannot be held liable in the event that the products have not become the property of the Customer.

 

It is the Customer’s responsibility to:

a)       check with their insurer that coverage applies to the product or system concerned;

b)       if applicable, ensure that the product or system has been approved by the owner of the premises where the product or system is to be used.

 

12) PERSONAL DATA

SOPREMA places great importance on protecting and respecting its customers’ personal data.

Customers have the right to access, modify and delete their personal data. This right is exercised in accordance with SOPREMA’s “Privacy Policy and Personal Data Management.”

 

13) ADDITIONAL INFORMATION

The terms and conditions of use of SOPREMA’s digital platforms apply to and are in addition to these General Terms and Conditions of Sale (GTC), and are available at the following address:Terms of Use for Our Digital Platforms | SOPREMA

 

 

 

THESE GENERAL TERMS AND CONDITIONS OF SALE COME INTO FORCE ON: January 6^th 2025.