ARTICLE 1 – Presentation of Cuisine Pro Leasing
The website www.cuisineproleasing.fr is the property of Arka Leasing, a simplified joint stock company with capital of €6,000, registered with the Créteil Trade and Companies Register under number 950888693. The head office is located at 17 rue de Marseille, 94140 Alfortville.
ARTICLE 2 – Activities
Cuisine Pro Leasing offers professional equipment on a Lease with Purchase Option (or "credit lease" or "leasing"). The offer is exclusively intended for professionals and is not aimed at individuals or non-professional consumers.
Terms:
Cuisine Pro Leasing : supplier of rental products referenced on the website www.cuisineproleasing.fr
Product : supply rented by Cuisine Pro Leasing and on sale on the website www.cuisineproleasing.fr
Order : the contract binding the Client to Cuisine Pro Leasing for any rental of equipment and/or services associated with Cuisine Pro Leasing .
Client : all persons with a SIREN number (companies, self-employed entrepreneurs, liberal professions, associations, works councils, institutions and public authorities, etc.) or equivalent for abroad. The client is a tenant
GTC : these general conditions of sale
Financing Organization : Cuisine Pro Leasing partner institute accepting and issuing the leasing to the Cuisine Pro Leasing Client.
Financing Contract : agreement to lease Cuisine Pro Leasing Products
ARTICLE 3 – Scope of application
3.1 These General Terms and Conditions apply in their entirety to any Order placed by a Customer acting exclusively within the scope of his professional activity. The Customer acknowledges that no right of withdrawal applies to his benefit and that any Order is legally definitively binding.
3.2 Any Order placed with Cuisine Pro Leasing by any means, including on our website www.cuisineproleasing.fr, by telephone (on 06 58 30 77 70), by e-mail (at contact@cuisineproleasing.fr) or in our premises (at 17 rue de Marseille, 94140 Alfortville), implies full and unreserved acceptance of all the provisions of these General Terms and Conditions, which apply, without restriction or reservation, to all transactions carried out between Cuisine Pro Leasing and the Customer. Any other document, including catalogues, prospectuses, advertisements, notices, has only an informative and indicative value, without contractual value.
3.3 These General Terms and Conditions shall prevail over any other document that may be issued by the Customer, including the Customer's General Terms and Conditions of Purchase and Sale, unless Cuisine Pro Leasing expressly waives this in writing. Any waiver of these General Terms and Conditions shall imply the signing of a specific agreement between the Parties.
3.4 Cuisine Pro Leasing reserves the right to modify these T&Cs at any time. The applicable T&Cs are those in effect on the day of the Order validated by the Customer. The current version of the T&Cs is always available on the website www.cuisineproleasing.fr . If changes are made to these T&Cs, the Customer will be informed by email to the address provided when placing their first Order. Before placing any new Order, it is the Customer's responsibility to read the updated T&Cs.
ARTICLE 4 – Creation and use of an online Customer Account
4.1 Before placing an Order, the Customer must create an online Customer Account by completing a form available on the site. All requested information must be provided. By completing this form, the Customer declares and certifies on his honor that he will use the Customer Account exclusively to order Products as part of his professional activity. In the event of non-compliance with this declaration, the Customer will be solely responsible for the consequences (criminal, tax, etc.) and undertakes to guarantee Cuisine Pro Leasing against all consequences resulting from non-compliance with this stipulation. The creation of the online Customer Account implies express acceptance of these General Terms and Conditions. The Customer will receive an e-mail confirming the creation of his Customer Account at the address indicated in the registration form.
4.2 When creating a Customer Account online, the Customer undertakes not to usurp the identity of a third party, not to create an account for a person other than himself and not to provide an email address of which he is not the owner. The Customer is entirely responsible for his username and password and undertakes not to communicate his password to a third party and not to let anyone else use his Customer Account.
Article 5 - Products presented online
5.1 The visuals of the Products presented online, such as photos and sketches, are for information purposes only and are not contractual or binding on Cuisine Pro Leasing . Information such as prices, instructions, execution plans, characteristics and any other advertising of any form whatsoever are also not contractual and are provided for information purposes only by Cuisine Pro Leasing . Thus, the Customer may not hold Cuisine Pro Leasing liable if the Products ordered do not exactly match the visuals presented online.
5.2 The essential characteristics of each Product are mentioned on the website www.cuisineproleasing.fr , and it is the Customer's responsibility to examine them carefully and to check that the Products he wishes to order correspond to his needs and expectations. Before placing any Order, the Customer must inform Cuisine Pro Leasing of the quality or particular use of the Products he wishes to order. In the event that the Customer orders a Product that does not correspond to his needs and expectations and that Cuisine Pro Leasing was not aware of, Cuisine Pro Leasing will not be held liable.
5.3 Cuisine Pro Leasing reserves the right to modify at any time the characteristics of the Products offered online as well as to cease marketing any Product appearing on the site, without the Customer being able to incur liability or claim damages.
5.4 The availability of the Products offered on the site is limited to available stocks, and although the information provided is as precise and accurate as possible, Cuisine Pro Leasing cannot be held liable if a Product mentioned as being "available" at the time of the Order is no longer available.
5.5 The Products offered by Cuisine Pro Leasing comply with European standards and the regulations applicable in metropolitan France. If the Customer wishes to export the Products ordered, it is their responsibility to check the compatibility and compliance of the Products with the legislation of the destination country. In the event of the export of Products that are not compatible or not compliant with any legislation not applicable in France, Cuisine Pro Leasing cannot be held liable.
5.6 The Customer is aware that all Products used for the preparation of food products require constant and rigorous hygiene for all organs that are in direct or indirect contact with them. All Products offered on lease by Cuisine Pro Leasing comply with the hygiene and safety standards in force, and the labels affixed to the equipment attest to this. It is therefore up to the Customer, as a professional, to strictly comply with these hygiene standards. Cuisine Pro Leasing cannot be held responsible for any damage caused by failure to comply with these recommendations or in the event of modification or disassembly of parts essential to compliance with these standards.
ARTICLE 6 – Financial Conditions
6.1 Cuisine Pro Leasing offers Leasing contracts (or “Leasing”) for the Products offered for rental. This contract allows the lessee to use the Product in exchange for a monthly payment defined in the contract. At the end of the rental period, the lessee may choose to purchase the Product for an additional price agreed in advance.
6.2 Leasing contracts involve three Parties: Cuisine Pro Leasing as supplier of the Products, the Customer as lessee with option to purchase, and a Financing Organization.
6.3 The Financial Conditions of the Lease depend on the characteristics of the Customer, such as the age of the company, the economic and financial situation, the publication of balance sheets, etc., as well as on the Financing Institution that agrees to finance the Lease. If the risk for the Financing Institution is higher due to the characteristics of the Customer, the Financial Conditions offered will be higher than those offered to customers with less risk. The Financial Conditions indicated on the website are therefore given for purely indicative purposes and may be modified according to the characteristics of the Customer and the proposals of the Financing Institution. They do not constitute a credit offer from Cuisine Pro Leasing and have no contractual value. The Customer may not invoke any right against Cuisine Pro Leasing to benefit from an indicative price offered on the website.
6.4 The Financial Conditions mentioned by Cuisine Pro Leasing are in euros and excluding taxes. The applicable VAT rate will be that in force at the time the invoice is issued. The costs of delivery, installation, connection and installation of the Product are not included in the Financial Conditions and will be invoiced in addition, unless otherwise indicated. Cuisine Pro Leasing reserves the right to modify the Financial Conditions at any time.
ARTICLE 7 – Order
7.1 Any Order placed in any form whatsoever (and in particular order form, website, plain paper, universal order book, mail, fax, e-mail or on site in store) implies knowledge and acceptance by the Customer of these General Terms and Conditions.
7.2 Any online Order is materialized as soon as all the required information on the site has been completed and confirmed by the Customer. It is validated upon acceptance of payment. The Customer chooses the Product as well as the terms of the Credit-Lease contract. The chosen duration is important since it allows the amount of the rent to be spread out.
7.3 The Customer's Order only becomes final after being confirmed by Cuisine Pro Leasing and subject to the availability of the Product in stock. Cuisine Pro Leasing reserves the right to refuse an Order that is abnormal (in terms of quantities ordered in particular), in the event of a breach by the Customer of its obligations under a previous Order, in the event of a lack of sufficient information to enable Cuisine Pro Leasing to execute the Order. Upon confirmation of a Customer's Order, Cuisine Pro Leasing transmits it to its partner Financing Organizations.
7.4 If no partner Financing Organization agrees to finance the Lease, Cuisine Pro Leasing will inform the Customer by any means whose Order becomes void.
7.5 If a partner Financing Organization agrees to finance the Lease, Cuisine Pro Leasing sends the Customer a quote for the Product and the corresponding Financing Contract. The Customer's commitment is complete and final by signing the Supply Quote and the Financing Contract. After signing these documents, any cancellation by the Customer will give rise to compensation in favor of Cuisine Pro Leasing and the Financing Organization, without prejudice to damages. The deposit, in any event, will remain definitively acquired by Cuisine Pro Leasing as provisional compensation.
ARTICLE 8 – Regulations – transfer of ownership of the Products
8.1 The Products remain the property of Cuisine Pro Leasing until they have been paid for in full. After the Customer has signed the Supply Quote and the Financing Agreement, the Financing Organization pays the price of the Product to Cuisine Pro Leasing, which then ships it to the Customer. The Financing Organization then becomes the owner of the Product in place of Cuisine Pro Leasing .
8.2 The Customer is required to pay the Financing Institution the amount of the rents agreed in the Financing Contract throughout the term of said Contract. Any penalties, fees and late payment interest agreed between the Customer and the Financing Institution in the event of unpaid rent are specified in the Financing Contract applicable between the two parties.
8.3 The Customer may become the owner of the Product at the end of the Financing Contract, subject to having paid all of the agreed rents during the term of said Contract, subject to having complied with the deadlines and formalities provided for in said Contract to avoid tacit renewal for a new rental period, and subject to paying the Financing Body the amount of the additional price provided for in said Contract to become the owner of the Product.
ARTICLE 9 – Delivery and receipt of Products
9.1 Deliveries are made in mainland France and outside of French territory by a carrier. The Customer must contact Cuisine Pro Leasing to check the feasibility and determine the conditions. Cuisine Pro Leasing is not required to organize a delivery according to special terms and conditions, particularly outside of mainland France, if the Customer sends such a request.
9.2 All Products are shipped directly from the factory. Deliveries are processed according to availability and in the order of arrival of the supply quotes and financing contracts validated by the Customers. The average delivery time is 7 working days + delivery time for Products in stock and 15 to 20 working days + delivery time for Products currently being manufactured in the factory. In principle, the average delivery time is 15 to 30 working days from the date of receipt of the supply quote and the Financing Contract validated by the Customer. These deadlines are given for information purposes only and failure to comply with them shall not incur the liability of Cuisine Pro Leasing . No delay in delivery shall therefore result in any penalty or compensation, nor any price reduction, nor shall it authorize the Customer to cancel his Order in whole or in part or to refuse delivery of the Products.
9.3 The carrier will make an appointment directly with the Customer for the delivery of the Products. If the Customer does not honor a delivery appointment made with the carrier, the cost incurred for the new transport will be invoiced again upon receipt by Cuisine Pro Leasing to the Customer who will have to pay it.
9.4 Regardless of the delivery method, the risks and perils of transport (loss, deterioration or theft) are the responsibility of Cuisine Pro Leasing , provided that the Customer has checked the Products upon arrival and has exercised, if necessary, its recourse against the carrier in the forms and time limits required by article L.133-3 of the French Commercial Code, and in accordance with the requirements of article 9.5 below, even in the case of carriage paid shipment.
9.5 Upon receipt of the Products, the Customer undertakes to:
- Check the external condition of the packages. If any damage is found, the Customer must notify this on the receipt slip.
- Check the condition of the Products.
- Refusing any damaged Product. Any unjustified refusal of all or part of the Products will result in the invoicing of transport costs and other costs incurred by the unjustified refusal.
- In the event of damage or shortages, any dispute over the condition of the goods must be noted on the receipt slip, so that the carrier's insurance can operate. The Customer must record the protests and reservations with the Carrier on the receipt document which he must sign, have countersigned by the Carrier or his driver, date and confirm by registered letter within three (3) days, not including public holidays, in accordance with the provisions of Article L.133-3 of the French Commercial Code. A registered letter must also be sent to Cuisine Pro Leasing . The Customer acknowledges that compliance with this formality is necessary to engage the Carrier's liability. Failure to comply with any of these conditions, Cuisine Pro Leasing declines all liability and will not bear any costs incurred under any circumstances. The Products will be deemed to have been delivered to the Customer without any loss, deterioration, theft or damage and the Customer will be solely responsible for any possible consequences of this non-compliance.
9.6 Notwithstanding the ownership of the Products, the transfer of risks from Cuisine Pro Leasing to the Customer occurs at the time of the first presentation of the Carrier at the address indicated by the Customer for Delivery. The unloading of the Products is carried out in any event under the exclusive responsibility of the Customer. From the transfer of risks, it is the Customer's responsibility to insure the Products against all risks of damage or liability, at its own expense.
ARTICLE 10 – Conformity of Products
10.1 Cuisine Pro Leasing undertakes to deliver a Product in accordance with the Supply Quote validated by the Customer. The Customer is solely responsible for the suitability of the Products ordered with its specific needs and expectations as well as the use for which it intends the Product.
10.2 Without prejudice to the reservations to be made by the Customer to the Carrier under the conditions of Article 9 above, all complaints relating to the conformity of the Product must, under penalty of inadmissibility, be brought to the attention of Cuisine Pro Leasing in writing as soon as possible and at the latest within three (3) calendar days from receipt of the Products by the Customer. To be valid, any complaint must necessarily mention the references and dates of the Supply Estimate and the corresponding delivery. In the absence of reservations or complaints made by the Customer in accordance with the provisions of this article and Article 9 above, any Product delivered will be deemed to be compliant.
10.3 It is the Customer's responsibility to provide any justification as to the reality of the non-conformities noted. Cuisine Pro Leasing reserves the right to carry out, directly or through any intermediary of its choice, any observation, verification and examination on the Customer's premises.
10.4 No return of Products may take place without the express, prior and written agreement of Cuisine Pro Leasing . No return or recovery of Products without justification may be required by the Customer. In the event of express agreement by Cuisine Pro Leasing , the Products must be returned to it by the Customer, without having undergone any modifications, within fifteen (15) calendar days from the recognition by Cuisine Pro Leasing of the non-conformity.
10.5 Cuisine Pro Leasing 's liability is strictly limited to the replacement of non-compliant Products or the reimbursement of non-compliant Products at their invoice price, to the exclusion of all damages.
10.6 Except for a non-conformity that would be reported in the forms and deadlines above, Cuisine Pro Leasing cannot be held responsible for the non-functioning of the Product after Delivery. The Products are tested at the start and must be checked on site by the Customer and the technician of Cuisine Pro Leasing or the Customer upon receipt. As soon as the Customer receives the Product without reservation, Cuisine Pro Leasing cannot be held responsible for existing or future malfunctions on the equipment.
ARTICLE 11 – Installation of Products
The Products offered on lease by Cuisine Pro Leasing must be installed by qualified and competent professionals. No claim will be accepted without proof of an installation invoice by an approved and certified professional.
ARTICLE 12 - Manufacturer's warranty
Our goods are guaranteed for a minimum period of one to five years depending on the manufacturer, against any manufacturing defect, provided that this defect does not result from normal wear and tear, negligence, lack of maintenance (descaling, dusting, etc.) or improper use. Defective products must be returned to us in the original packaging, with shipping costs being borne by the Cuisine Pro Leasing brand. The cost of reshipping to the customer after repair is borne by the Cuisine Pro Leasing brand. The warranty granted to distributors is however limited to the replacement of spare parts for refrigerators, freezers, refrigerated display cases, ice makers and cooking equipment. The warranty does not apply to: wearing parts, tempered glass windows, electrical contactors, indicator lights, bulbs and electric motors not protected by a circuit breaker. The products must be installed by a professional. In the event of after-sales service, an invoice justifying the professional installation will be required. The liability of the Cuisine Pro Leasing equipment brand is strictly limited to the delivery of the product and the repair, replacement or refund (at its choice) of defective products during the warranty period. Under no circumstances can the Cuisine Pro Leasing equipment brand be held liable for any other possible damages such as loss of income, loss of customers, loss of goods or other which would be due to late or erroneous delivery, negligence, material error, product defect or any other cause. No replacement machine may be loaned during the repair period. The specifications and appearance of certain products delivered may differ slightly from the presentation in the catalog or on the website, without this giving rise to any claim, refund or compensation.
ARTICLE 13 – Liability – Force majeure
13.1 The Customer must carefully read the instructions relating to the technical characteristics of the Products and strictly comply with the conditions of use defined by the manufacturer. The Customer is solely responsible for the consequences related to abnormal use of the Products, inappropriate or abnormal storage conditions, as well as non-compliance with the conditions of use. In the event of non-compliance with these rules, the Customer will be solely responsible. It is important to emphasize that Cuisine Pro Leasing cannot under any circumstances be held responsible for direct or indirect, special, incidental or consequential damages resulting from the negligence or failure of the Customer, or from the improper use of the Products rented in accordance with these terms, which the Customer expressly acknowledges and accepts.
13.2 Cuisine Pro Leasing shall not be held liable under any circumstances in the event of non-compliance of the Products with the standards and regulations which come into force after their delivery, nor in the event of deterioration or damage which is not attributable to it.
13.3 The liability of Cuisine Pro Leasing may only be validly incurred if the Customer demonstrates the existence of a fault attributable to Cuisine Pro Leasing , of damage and of a causal link. The liability of Cuisine Pro Leasing will in any event be strictly limited to direct, certain and foreseeable damage, to the exclusion of any indirect, hypothetical or unforeseeable damage, and will in any event be limited to the amount actually collected by Cuisine Pro Leasing under the leasing contract concluded with the Customer.
13.4 Cuisine Pro Leasing excludes any liability in the event of non-compliance with contractual obligations resulting from a case of force majeure or unforeseeable circumstances, including, without this list being exhaustive, internal or external social conflicts, fires, disasters, internal or external breakdowns, confinement or government measures restricting activities, and in general, any event which could affect the execution or delivery of an Order.
ARTICLE 14 – Studies
The plans and documents accompanying any commercial proposal remain the exclusive property of Cuisine Pro Leasing . They may not be used, copied or reproduced. If the proposal made is not accepted for any reason, the corresponding study will be paid by the Client, within 15 days, for a fixed amount of €150 excluding VAT.
ARTICLE 15 - Miscellaneous provisions
15.1 The fact that one of the parties does not invoke any stipulation of these General Terms and Conditions against the other party cannot be interpreted as a waiver of the right to assert this stipulation or to benefit from it subsequently.
15.2 If one or more provisions of these General Terms and Conditions are considered null and void or are declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall remain in force and shall retain their full force and scope.
ARTICLE 16 – Data protection – GDPR
6.1 To process your orders, we collect your personal details, including your name, first name, address and telephone number. Fields marked with an asterisk (*) on the online customer account creation form must be completed. This data is necessary for the processing of your Order and if you refuse to provide it, we will not be able to take your Order into account. In addition, we record information relating to your electronic connections when you use our online services.
16.2 You have the right to access, modify, rectify and delete your personal data. To exercise this right, you can contact us at the following address: contact@cuisineproleasing.fr. The person responsible for the collection and processing of personal data is the manager of the company Cuisine Pro Leasing .
16.3 The data we collect is used for the purposes of managing the commercial relationship, managing customer accounting, creating and managing customer and prospect files, statistical analyses for commercial purposes, and sending newsletters and commercial proposals by email, post or SMS, if you have agreed to receive them. If you no longer wish to receive this information, you can contact us at contact@ cuisinepro leasing.fr . We also use your personal data for advertising purposes for Cuisine Pro Leasing Products, but if you do not want your data to be used for this purpose, please contact us at the same address.
16.4 The data necessary for processing the transaction may be transmitted to affiliated companies or service providers only within the framework of managing the Order.
16.5 Your personal data is kept in a management database for 1 year after the end of our last commercial relationship, then in a compressed historical database for 5 years to comply with legal obligations towards administrations and judicial authorities.
16.6 We ensure the confidentiality and security of your personal data, taking all necessary measures to prevent unauthorized third parties from accessing it.
16.7 All stored computer data has evidentiary value between the parties and is therefore admissible, valid and enforceable in the event of a dispute.
ARTICLE 17 – Applicable law – Disputes
The relationship between Cuisine Pro Leasing and the Customer, as well as these General Terms and Conditions, are governed by French law. Any dispute arising from their validity, interpretation, execution, termination, consequences or follow-ups, as well as any dispute resulting from the visit to the site www.cuisineproleasing.fr or from the Products purchased on this site, will be under the exclusive jurisdiction of the Commercial Court of Créteil, including in the event of summary proceedings, without prejudice to any appeal under warranty or plurality of defendants.