CGV
General Terms and Conditions of Sale Panco

GENERAL TERMS:
‍The present general terms and conditions of sale and delivery govern the contractual relationships between the company Panco, registered under number 920 305 711 at the R.C.S. Paris and any professional wishing to acquire the Products sold by the Company. The Company reserves the right to modify these General Terms and Conditions of Sale at any time and without prior notice. The supplier is Panco, SAS, a simplified joint-stock company with its registered office at 175 BOULEVARD MURAT, 75016 PARIS, VAT number FR34920305711, SIREN: 920305711 with a share capital of €9,998.00. Customers must read these General Terms and Conditions carefully, which can be consulted on the website so that the Customer can acknowledge them, keep a copy, and reproduce them. A copy of the General Terms and Conditions can be sent to the Customer by Panco upon request. Sales contracts executed with Customers will be archived by Panco for the period of retention prescribed by applicable laws. 

‍DEFINITIONS:
‍For the interpretation and implementation of these general terms and conditions of sale, it is agreed that the terms defined hereinafter are defined as follows:
‍“GTC” refers to these general terms and conditions of sale and delivery.
‍“Customer” refers to any person exercising an independent professional activity justifying the existence of their business and/or their professional status by providing a Kbis extract less than 3 months old or any other document justifying their ongoing professional activity, who for the needs of their activity wishes to place an Order with the Company for the supply of products and services as defined hereinafter.
‍“Customer Account” refers to the online account on the Site opened in the name of the Customer who has placed an Order with the Company and who can access it with a confidential, personal, non-transferable username and password. For the creation of the Customer Account, the Customer must provide all necessary information for processing their Order as defined in Article 2.1 hereof.
‍“Order” refers to the orders for Products that may be addressed to the Company by the Customer, by any means, directly on the Site, via fax, telephone, email, or through a Company sales representative.
‍“Products” refers to all products and goods sold by the company.
‍“Site” refers to the website www.pancobuns.com.

‍Article 1 - ENFORCEABILITY OF THE GENERAL TERMS OF SALE
‍Any Order implies the Customer's full and unconditional acceptance of these GTCs. No purchase condition or special condition may, without prior written agreement from the Company, prevail over these GTCs. These General Terms and Conditions of Sale and delivery may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in effect on the Site at the date of placing the order. The General Terms and Conditions of Sale (“General terms”) apply to all sales of Panco products made through the website https://www.pancobuns.com/ or directly. 

‍Article 2 - FULFILLMENT OF THE SALE
2.1 - The Order
‍Any Order requires the opening of a Customer Account and the Customer providing all necessary and useful information for the delivery of the Products, notably:
• Their name or company name
• Their RCS number
• Their postal address
• Their phone number as well as a valid email address.
All orders must be validated by the Company Panco. This validation will occur within 24 hours of receipt of the Order and may be performed by email or telephone, specifying that the delivery of the Products ordered by the Customer will serve as confirmation of the order between the parties.
The Order placed on the site www.pancobuns.com will result in an acknowledgment of receipt which will constitute acceptance of said order by the Company Panco. Any Order will be honored within the limits of available stocks. However, if all or part of the ordered products subsequently become unavailable, the Company will inform the Customer by email or phone, no later than at the time of delivery. The Customer will then be informed of the new amount of their Order. Any cancellation of an Order must be made by telephone to the Company Panco, and at least 24 hours before the delivery, regardless of the reason except in cases of force majeure. The Company Panco may cancel, as a matter of right and without notice, the Order in the event of non-payment, fraudulent payment, attempted fraud, or non-compliance by the Customer with any of these provisions. The website provides information about the Products (including relevant product codes) and the applicable prices which are subject to estimates sent to customers. Panco reserves the right at any time to limit the quantities and/or type of Products available from its website. In no event shall Panco be held liable for errors occurring as a result of a failure of the Customer's connection to the website.
‍2.2 - Deliveries
‍Deliveries are made within a minimum period of 48 hours (excluding Sundays, Mondays, and public holidays) from the date of receipt of the Order. The Company may, exceptionally and at its discretion, agree to deliver the ordered Products within a shorter timeframe than 48 hours. Delivery takes place from Monday to Friday and, exceptionally, on Saturday mornings. Delivery times are given for informational purposes. Consequently, any delay in the delivery of products may not give rise to:
• The allocation of damages
• The cancellation of the orderThe delivery of the ordered Products will be made to the address indicated by the Customer at the time of the Order.
It is specified that:
• The Company is free to choose the means of transport as well as the carrier responsible for delivery
• The Customer must take possession of the ordered products at the agreed place, date, and time
• The Customer, who acknowledges being informed of the imperative to secure their premises, must take all necessary measures to ensure safety and smooth conduct of the delivery, notably by designing a space in front of the delivery address for the deposit of products, and ensuring accessibility of the place of delivery
• The delivery of the Products is limited to the deposit of the ordered products in front of the delivery address indicated in the Order.
• The Customer assumes full responsibility for any direct or indirect damage to persons or property that may be caused by handling operations related to the storage of the ordered products within the Customer's premises, presumed to have been performed at their request. The Company Panco disclaims any responsibility for any damage that may be caused during these operations, notably in cases of damage that may result from slippery floors and stairs; the Customer must indemnify the Company Panco for all damages suffered directly or indirectly that result directly or indirectly from the aforementioned handling operations.

‍Article 3 - PRICES AND PAYMENT CONDITIONS 
3.1 - Price
‍The Company Panco reserves the right to modify, at any time, the price of the Products as well as the sales conditions. The Customer is informed that, given the conditions under which the activity of the Company Panco is performed, the prices of sold products are subject to increases from the producers that are incompatible with the establishment of a pricing schedule that can appear in these GTCs. The catalogs, brochures, and prices indicated on the Site are provided for informational and indicative purposes only, non-contractual. Consequently, the prices charged are those in force on the day of the Order. The prices indicated on the Site are in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate on the day of the Order. The Company Panco may charge the Customer, in addition to the price of the ordered Products, a flat fee corresponding to processing fees. The prices of the products may be increased by any additional transport costs, it being specified that this additional cost must be justified by particular circumstances (emergency delivery, significant increase in transportation costs, etc.). Panco regularly conducts checks regarding the accuracy of the prices of the Products displayed on the website; however, Panco cannot guarantee that the website is free from errors. In the event of an error in the price indication being detected, Panco must refuse the order and offer the Customer the option to purchase the Product at the correct price. If the error is detected after the order has been accepted, the Company Panco will also provide the Customer with the option to cancel the order.

‍3.2 - Payment Conditions
‍The payment for the ordered Products is made upon placing the Order or within 30 days via an automatic SEPA direct debit. Payments made directly on the Site and concurrently with the Order based on a pro forma invoice may benefit from a discount whose amount will be indicated on the Site at the time of placing the Order. In the event that payment does not occur on the day of delivery, it must take place within a maximum of thirty (30) days from the date of the order which counts as the invoice, except for special conditions agreed with the Customer, complying with the mandatory provisions of Article 443-1 of the Commercial Code. In case of doubt about the Customer's solvency, the Company Panco reserves the right to require payment in cash upon delivery. Failing this, the Order may be canceled by the Company Panco. Payments are made in euros:
• By recurring SEPA direct debit to which the Customer has consented by providing the Company with a duly completed and signed SEPA direct debit mandate.
• By bank transfer made to the Company's account, being specified that any fees incurred by the Customer due to the transfer are not in any way chargeable to the Company Panco.
• By bank cheque issued by a bank based in mainland France.
• By bank payment directly on the website.
The Company Panco reserves the right to refuse any payment by bank cheque without having to justify this. Any partial payment will first be applied to the older unpaid invoices as well as the non-preferred part of the debt. It is understood that the mere delivery of a title creating an obligation to pay does not constitute payment under this clause, the Company’s claim against the Customer remaining with all guarantees attached, including the retention of title, until full payment has been made. Failure to pay by the due date results, by operation of law and without the need for any formal notice, in: 
• The payment of late penalties calculated on the total amounts owed including tax from the day after the due date of the invoice, in an amount equal to three times the legal interest rate applicable to professional debtors
• Payment of a fixed compensation amounting to 40€ for recovery expenses set by the decree of October 2, 2012
• Payment as a penalty clause of compensation equal to 10% of the total amount of the claims due, with a minimum fixed amount of 500€ as well as reimbursement of all costs including legal costs incurred by the Company Panco to recover its claim.
The penalty runs from the due date of the claim until full payment of the price. Any default in payment entitles the Company Panco to refuse any new Order and to require immediate payment of all invoices that may be due by the debtor Customer. Furthermore, the debtor Customer is informed that they will be delivered of future orders with a delivery time exceeding 48 hours.
Furthermore, the Customer expressly authorizes the Company to offset any potential outstanding balance of their account, credits and/or discounts, or any other financial advantage previously granted by the Company Panco. Any deterioration in the buyer's credit may justify at any time, depending on the risks involved, the setting of a limit on the buyer's overdraft, the requirement for certain payment deadlines, cash payment, or certain guarantees.

‍Article 4 - DISCOUNTS
‍The Customer may potentially benefit from discounts on the price of certain Products, provided they commit to ordering a certain volume of products concerned by said discount. These discounts will be subject to particular sales conditions set forth in the commercial proposal and which will set:
• The products concerned by the discount
• The amount of the discount
• The obligation to purchase the products benefiting from the discount
• The period concerned by the aforementioned purchasing obligation.
In any case, the discounts that may be granted by the Company Panco will be immediately canceled in the event of:
• The Customer failing to meet their obligation to procure discounted products within a timeframe of 10 weeks from the proposal of the discount and then, in successive periods of 10 weeks (floating 10 weeks) unless canceled by the Company
• The Customer failing to fulfill their obligations under these general terms and conditions of sale
• Default in payment of an invoice at its due date
Any decision regarding discounts, reductions, or the application of declining prices, whether by percentage or flat rate, remains at the sole discretion of the Company, and solely for the service to which it relates. The discounts or rebates granted to the Customer may not in any case give rise to an acquired right for past or future services.

‍Article 5 - RETENTION OF TITLE CLAUSE
‍It is expressly agreed that the Company Panco retains ownership of the delivered Products until full payment of their price, in accordance with the regulations in force.
Full payment of the price means its final collection. In this regard, the delivery of any title creating an obligation to pay does not constitute payment under this clause. Acceptance of the delivery of the Products entails express acceptance of this retention of title clause. The Customer is authorized, in the context of their normal exploitation and unless they are in a state of insolvency, to resell the delivered goods on the condition that they pay the Company Panco the corresponding amounts. However, they cannot pledge them or transfer ownership as collateral. In the event of seizures or any other intervention by a third party, the Customer must immediately inform the Company. The Products may be reclaimed at any time, and without prior notice, by the Company Panco – at the Customer's expense – in the event of non-fulfillment of their obligations by the Customer – without prejudice to the payment of all damages and interests owed to the Company. The Company is thus authorized to enter the Customer's premises to remove the products covered by the retention of title clause. This procedure is not exclusive of other actions or legal proceedings that the Company may decide to initiate.
The Customer commits, in the event of resale of the products covered by the retention of title clause, to separately account for the resale price and more generally to take all necessary steps to establish the concordance between the sum thus received from the sub-purchaser and the sale price still due to the Company – so as to allow us to obtain the payment of said sale price.

‍Article 6 - HEALTH LIABILITY
6.1 - Handling and Storage
‍The customer acknowledges that they are responsible for the handling, storage, and consumption of the hamburger buns in accordance with the instructions provided by the Company Panco. It is imperative to respect the storage and preparation conditions indicated on the packaging or in the documents provided.

‍6.2 - Disclaimer of Liability
‍Except in cases of negligence by the Company Panco, it shall not be held liable for any health consequences resulting from improper handling, inappropriate storage, or use of the products by the customer that does not adhere to good food hygiene practices. Appropriate storage means storage in a cool, dry place (temperature below 18 degrees Celsius), protected from light, in a healthy environment.

‍6.3 - Warning
‍The Company Panco strongly recommends that customers follow food hygiene and safety recommendations when preparing and consuming the buns. It is the customer's responsibility to comply with all applicable health requirements.

‍6.4 - Limitation of Liability
‍To the maximum extent permitted by law, the Company Panco shall not be held liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or other intangible losses resulting from the use or consumption of the buns, whether based on a warranty, contract, tort (including negligence), or any other legal theory.

‍Article 7 - RETURNS, REFUNDS OR CLAIMS REGARDING PRODUCTS AND MERCHANDISE
‍The delivered products will not be returned or refunded, except for those with defects that have been observed at the time of delivery, explicitly mentioned on the delivery slip signed by the delivery person. For all disputes related to the transport of goods, it is the Customer's responsibility, in the case of damage to the delivered goods or missing Products, to make all necessary reservations on the delivery slip. Any product that has not been the subject of reservations recorded on the delivery slip and motivated protests by registered letter with acknowledgment of receipt within 3 days of its receipt to the Company, in accordance with Article L. 133-3 of the Commercial Code, will be considered accepted by the Customer. Products that are subject to the "optimal use-by date – OUD" are delivered with a valid OUD in accordance with the legislation in force. Consequently, the Company will not accept any return motivated by the OUD.

‍Article 8 - EXISTENCE OF A PRIOR EXCLUSIVE SUPPLY CONTRACT
‍The Customer must inform the Company of the existence of an exclusive supply contract they may have concluded with another supplier. If the Customer is bound to another supplier by a valid exclusive supply contract, the Company will be legitimately entitled to refuse any Order placed by that Customer, without the Customer being able to claim any compensation.

‍Article 9 - COMPUTER AND FREEDOMS
9.1 - Processing of data by computer
‍The Customer expressly agrees that the individual data concerning them are subject to computer processing by the Company under the following conditions: The Company collects and sorts the individual data of the Customer by computerized systems, for the purpose of:
• Ensuring the management and monitoring of account creation
• Improving the relationship between the Company and the Customer
• Informing the Customer of promotional operations of the Company
• Ensuring the management of online ordering of products and services and their payment
• Ensuring commercial and marketing managementIndividual data of the Customer may be transferred to the data processing centers of the Company's subsidiaries and/or its service providers, in order to achieve the stated objectives.
The French and European regulations relating to the protection of computerized data are applicable irrespective of where these data are processed.
Access to Customer data is limited to authorized personnel for performing data processing, security, and IT maintenance operations.
The Customer has a right of access and rectification of the computerized data concerning them. The Customer may at any time revoke the authorization granted above and object, for legitimate reasons, to the processing of their personal data by the Company.

‍9.2 - Authorization to communicate on the commercialization of Products by the Customer
‍The Customer expressly authorizes the Company to communicate on all paper or electronic media (magazines, internet, social networks, etc.), regarding the commercialization by that Customer at their point of sale of the Products ordered from the Company. The Customer may at any time revoke the authorization granted by sending an email to contact@pancobuns.com or a letter to the Company: Panco, 175 BOULEVARD MURAT, 75016 PARIS.

‍Article 10 - CLAUSE ATTRIBUTING JURISDICTION
‍Only the courts of the jurisdiction where the Company's head office is located will have jurisdiction, whether it is a demand or a defense, even in the event of multiple plaintiffs or defendants, third-party warranties, or compulsory intervention. This jurisdiction clause shall apply even in the event of an injunction to pay, in accordance with Article 1408 of the Civil Procedure Code.

‍Article 11 - NON-COMPLIANCE
‍If a Product sold by Panco exhibits manufacturing defects or an alleged non-compliance with the Products sold by Panco, the Customer must immediately contact the online after-sales service by email at contact@pancobuns.com, or by mail at the following address: 
175 BOULEVARD MURAT,
75016 PARIS
contact@pancobuns.com 

The legal guarantees provided for in Articles L211-4 to L211-14 of the Consumer Code as described below apply to the sale of the Products. According to these articles, the Customer has the right to have the Products brought into conformity, at no cost, either by being replaced or repaired (it being specified that the Customer will have the right to choose whether the Product is repaired or replaced, within the limits set forth by law) or, in the case of impossibility of one of the remedies above (in accordance with Article L211-10 of the Consumer Code), the right to an appropriate reduction in the sale price of the Products or the right to terminate the contract. The Customer loses these rights if they do not inform Panco of the defect of compliance within 10 days from the date on which the Customer detected such defect of compliance. If the Customer wishes the Product to be repaired or replaced due to a defect of compliance under Article 13, the delivery costs related to the return of the Product to be repaired or replaced will be borne by Panco, as will all costs related to the delivery to the Customer of the repaired or replaced Product. 

‍Article 12 - WARRANTY OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
‍Panco guarantees the authenticity of all Products purchased on the website. Products bearing the Panco trademark are produced from materials and by French artisans. The trademark “Panco”, all figurative and/or three-dimensional trademarks appearing on the Products, accessories, or relevant packaging, as well as all illustrations, images, and locations protected by copyright and, generally, all intellectual property rights related to the Products, are and remain the exclusive property of the Panco companies.

‍Article 13 - CONTACTS
‍To obtain additional information and assistance regarding the website or online purchasing methods, the Customer may contact Panco at one of the addresses indicated below: 
175 BOULEVARD MURAT,
75016 PARIS
0760143575
‍contact@pancobuns.com‍

‍Article 14 - CONSUMER SERVICE AND CONSUMER MEDIATOR
‍Recourse to the consumer service: In the event of a disagreement/dispute regarding a service or a product related to the company, the consumer Customer may send a reasoned complaint to our customer service:
By mail:
175 BOULEVARD MURAT,
75016 PARIS
By email:
contact@pancobuns.com 
In the case of a dispute between the parties and following a failure of a written complaint from the Customer to the PANCO customer service or in the absence of a response from this service within a reasonable time of one (1) month, the Customer, within one year from their complaint, may resort to any alternative dispute resolution method, including a mediation procedure by contacting the mediator(s) at the following address: https://www.economie.gouv.fr/mediation-conso/saisir-mediateur#secteur%202 ]and/or accessing the European online dispute resolution platform at the following address: http://ec.europa.eu/odr .
This procedure is free, and the Customer may, at their own cost, be assisted by an advisor. The customer is free to accept or refuse the mediation recourse and, if applicable, the solution proposed by the mediator.