-18° General terms and conditions of sale at 15/01/2024

-18° SAS, a simplified joint-stock company under French law with a capital of €156,000, whose registered office is at 13, chemin des Chaudronniers, 94310 ORLY, registered with the CRETEIL Trade and Companies Register (France) under number 480 571280, markets various products to companies affiliated to the AMORINO network.
The customer is a company affiliated to the AMORINO network. They declare that they have full legal capacity to enter into sales contracts in accordance with these general terms and conditions of sale.


Article 1: Scope

These general terms and conditions of sale apply, without restriction or reservation, to all products offered for sale by -18° SAS.
The fact of making a purchase from -18° SAS implies full acceptance of these general terms and conditions of sale. This acceptance is materialised by the customer clicking on the button to validate the order form, for all orders placed on the site https://www.shop-amorino.fr. For customers located in the French overseas departments and territories or outside the European Union, this acceptance is materialised by the customer sending the "Pallet container" standard order file, completed by the customer, to the "Sales Administration" department of -18° SAS.
In the event of any contradiction between these general terms and conditions of sale and any other document, for example the order form sent to the customer and/or the transport document and/or the invoice sent to the customer, these general terms and conditions of sale shall prevail.
-18° SAS reserves the right to modify its general terms and conditions of sale at any time. If necessary, -18° SAS will inform the customer by any means of the changes made to its general terms and conditions of sale and the date on which they come into force. The general terms and conditions of sale applicable to each sales contract concluded between the customer and -18° SAS are those in force on the date on which the customer clicks on the order validation button for orders placed via the website https://www.shop-amorino.fr; the date on which the customer receives the blank "Pallet container" file from the "Sales Administration" department of the company -18° SAS to be completed by the customer.


Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the sale of goods offered by -18 SAS to the customer.


Article 3: Order placement procedure

The customer undertakes to place orders with -18° SAS according to the following procedure:
- For all orders to be delivered within the European Union, excluding French overseas departments and territories: exclusively via the website https://www.shop-amorino.fr, using the access code to said site provided by -18° SAS. The access code is provided personally to the customer. Only the customer may use it to place an order with -18° SAS. Under no circumstances may this access code be used by a third party to place an order.
Orders to be delivered within the European Union, excluding French overseas departments and territories, placed by any means other than via the website https://www.shop-amorino.fr will not be processed.
- For all orders to be delivered outside the European Union or to a French overseas department or territory: exclusively by email sent to the following address: adv@amorino.fr; the "Pallet Container" file completed by the customer must be attached to this email.

On receipt of the customer's order, -18° SAS will take the following steps:
- For orders placed via the website https://www.shop-amorino.fr, -18° SAS will proceed with a possible total or partial refusal of the customer's order with regard to available stocks. This possible adjustment of the customer's order according to available stocks seals the sale between -18 ° SAS and the customer, unless cancelled under the conditions stipulated below. In the absence of notification of partial or total refusal of the order, the sale is sealed as soon as the customer clicks on the order acceptance button,
- For all orders placed by email: on receipt of the "Pallet Container" file completed by the customer by the "Sales Administration" department (hereinafter referred to as "SA") of -18° SAS, the SA department will analyse it and, if necessary, make its observations to the customer. The sale between -18° SAS and the customer will be sealed when it results from the email exchanges between the customer and the SA department of -18° SAS that they have agreed on a final version of the "Pallet Container" file.

Orders placed via the website https://www.shop-amorino.fr may be cancelled, in whole or in part, by the customer until they are ready for dispatch.


Article 4: Proof of the transaction

The order form, the transport documents issued by the carrier and the invoice(s) relating to each sales contract concluded between -18° SAS and the customer constitute valid proof of the sales concluded between -18° SAS and the customer. Order forms and invoices are archived by -18° SAS on a reliable, durable and secure medium. Order forms are kept for 5 years following payment of the relevant invoices, and invoices are kept indefinitely.


Article 5: Product information - Available stocks

-18° SAS presents on its website https://www.shop-amorino.fr the products it offers for sale and their essential characteristics.
The conditions of sale presented by -18° SAS, i.e. the products offered for sale and their prices, in addition to any promotional offers presented by -18° SAS, are only valid while stocks last.


Article 6: Prices

Prices are quoted by -18° SAS in euros and excluding taxes.

Unless the contract of affiliation to the AMORINO network signed by the customer stipulates the obligation for the customer to pay franchise fees, prices include the cost of services to affiliates or to the network as a whole carried out by CPF SAS or CP INT LIMITED, which are not subject to specific invoicing pursuant to said affiliation contract. The cost of these services represents 20% of the price of the products.

Product delivery costs are not included in the prices. These costs are payable in addition. They vary according to the geographical area and the weight of the shipment.


Article 7: Payment terms

-18° SAS invoices are payable as follows:
- Invoice(s) relating to the customer's initial order: payment when the order is placed, by bank transfer,
- Invoices for orders subsequent to the customer's initial order:
Ø Payment at the time of ordering, by bank transfer, until the customer has provided -18° SAS with the bank guarantee referred to in its franchise agreement or a guarantee deposit of an equivalent amount;
Ø Payment within 30 days of the end of the month, by direct debit if the customer is based in the European Union, to facilitate the management of payment flows by -18° SAS, and by bank transfer if the customer is not based in the European Union, once the customer has provided -18° SAS with the bank guarantee referred to in its franchise agreement or a guarantee deposit of an equivalent amount.

Any delay in payment will automatically incur, without the need for prior notification of a formal notice to pay, a fixed penalty of €40, in addition to late payment interest calculated by applying a rate equal to three times the legal interest rate.

From the first unpaid instalment:
- -18° SAS may require payment by the customer for any new order on the date of validation of the order, until the customer has paid all its arrears to -18° SAS,
- -18° may suspend the customer's current orders and deliveries until the customer has settled all its arrears with -18° SAS.

No discount will be granted for early payment.


Article 8: Retention of title

-18° SAS remains the owner of the products ordered and/or delivered until full payment of the sale price. Consequently, in the event of non-payment, -18° SAS may take back unpaid products from the customer, or mandate any third party to do so. The sale will also be cancelled automatically. In any event, the cost of taking back the goods will be borne by the customer.


Article 9: Order execution

Each order will be executed as follows:
- For all orders to be delivered within the European Union excluding French overseas departments and territories: at the latest within 3 working days (i.e. excluding Sundays and public holidays) from the day following that on which the order is validated under the conditions referred to in Article 3 above,
- For all orders to be delivered outside the European Union or to a French overseas department or territory: a date for the execution of the order will be communicated by -18° SAS to the customer according to the transport and customs constraints specific to each territory.


Article 10: Delivery terms

Products are delivered to the address indicated on the order form.

Postage and packing costs:The amount of postage and packing will be calculated automatically according to the weight of the products and the delivery destination.

Delivery times:

The delivery times above are given for information purposes only. They are in no way binding on -18° SAS, which may under no circumstances be held liable in the event of non-compliance with the aforementioned times. For orders to be delivered within the European Union excluding French overseas departments and territories, the products are normally dispatched the day after the order has been finalised, unless the customer specifically requests a later dispatch date in writing.
Given the specific nature of the products marketed by -18° SAS (numerous frozen products and perishable foodstuffs), and the health and hygiene standards that it must comply with at all times, the customer accepts any deferrals and/or postponements of delivery that may be notified to them by -18° SAS, if these prove necessary to protect the interests of the customer and their order.

Transportation-related delivery issues: The customer is required to check the condition of the packaging of the delivered goods upon receipt and to report any anomalies noted due to transport (damage, damaged package, broken products, etc.) as follows:
- In the form of "handwritten reservations" on the transport document, which must be signed by the customer.
- At the same time, the customer must confirm the anomalies noted as follows:
(i) The customer must send a copy of the transport document with their reservations to the SA department of -18° SAS as soon as possible, and at the latest within 24 hours of the delivery concerned, in addition to a summary of the anomalies noted as follows:
Ø By email to the following email address:adv@amorino.fr, or,
Ø By standard letter to the following postal address:
-18° SAS
Administration des Ventes
13, chemin des Chaudronniers – 94310 ORLY, or,
Ø Using the form available in the "Anomalies" section of the website https://www.shop-amorino.fr.
(ii) The customer must send the carrier, within three (3) days (not including public holidays) of the delivery date, a registered letter with acknowledgement of receipt setting out the anomalies noted and send a copy of this letter to -18° SAS as follows:
Ø By email to the following email address:adv@amorino.fr, or,
Ø By standard letter to the following postal address:
-18° SAS
Administration des Ventes
13, chemin des Chaudronniers – 94310 ORLY, or
Ø Using the form available in the "Anomalies" section of the website https://www.shop-amorino.fr.
Any claim not made in accordance with the rules defined above and within the aforementioned time limits will not be taken into account and will release the carrier and -18 °SAS from any liability towards the customer.
Problems likely to be attributed to -18° SAS: In the event of a delivery error and/or non-conformity of the products in nature or in quality compared to the indications on the order form, the customer must inform -18° SAS at the latest on the first working day (excluding Sundays and public holidays) following the day of the delivery concerned as follows:
Ø By email to the following email address:adv@amorino.fr, or,
Ø By standard letter to the following postal address:
-18° SAS
Administration des Ventes
13, chemin des Chaudronniers – 94310 ORLY, or,
Ø Using the form available in the "Anomalies" section of the website https://www.shop-amorino.fr.
No returns will be accepted without the agreement of -18° SAS.
Any claim not made in accordance with the rules defined above and within the aforementioned time limits will not be taken into account and will release -18° SAS from any liability towards the customer.
In the event of an order error or exchange, any product to be exchanged or refunded must be returned to -18° SAS in its entirety and in its original packaging, at the customer's expense, and in the appropriate temperature conditions, to the following address:
-18° SAS
Administration des Ventes
13, chemin des Chaudronniers – 94310 ORLY
Transfer of risks: The transfer of risks from -18 SAS to the customer takes place as follows:
- For products delivered by a transport provider appointed by - 18° SAS: as soon as the products ordered are handed over to the customer, at the delivery address designated by the customer.
- For products delivered by a service provider appointed by the customer; as soon as -18° SAS hands over the ordered products to the carrier, at the address of its laboratory located at 13, chemin des Chaudronniers, 94310 ORLY or its cold room located at 1, Impasse du Clos Pantin, 94310 Orly, according to the EX-WORKS INCOTERM. Under no circumstances will -18° SAS be liable for any damage to and/or destruction of the products ordered by the franchised company during transport.


Article 11: Warranty for small electrical appliances

Small electrical appliances delivered by -18° SAS are guaranteed up to the amount of the warranty granted by the supplier of -18° SAS or the manufacturer. Under this warranty, -18° SAS undertakes only to replace or repair products recognised as defective by its services. Defects and deterioration caused by natural wear and tear, by an external accident (incorrect assembly, faulty maintenance, abnormal use, etc.) or by any modification of the products not provided for or specified by -18° SAS or the manufacturer are excluded from the warranty.


Article 12: Force majeure

Neither party will have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous or force majeure event. A fortuitous or force majeure event shall be taken to mean any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The party affected by such circumstances shall notify the other party within 3 working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than three months, the sale may be cancelled by the injured party.


Article 13: Severability

If one or more provisions of these general terms and conditions are held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will remain in full force and effect.


Article 14: Non-waiver

The fact that one of the parties does not avail itself of a right that it holds under these general terms and conditions shall not be interpreted as a waiver of the right concerned in the future.


Article 15: Applicable law

These general terms and conditions are subject to French law. In the event of a dispute or claim, the customer undertakes to seek an amicable solution with -18° SAS, by submitting a claim to -18° SAS, via its dedicated dialogue box if the customer has access to the website https://www.shop-amorino.fr; at the address adv@amorino.fr if the customer does not have access to said website.


Article 16: Information Technology and Civil Liberties

The personal data collected by -18° SAS directly from the customer is processed automatically for the following purposes:
- Managing orders placed by the customer, in particular their preparation and delivery,
- Managing the general accounts of -18° SAS,
- Managing any difficulties relating to deliveries,
- Managing any customer complaints and disputes.
This information is intended for the accounting department, the sales department and the sales administration department of -18° SAS; the IT service provider responsible for the operation and maintenance of the website https://www.shop-amorino.fr; New Oxatis SAS (a simplified joint-stock company whose registered office is located at 144 rue d'Odin, 34000 Montpellier, France, registered in the Montpellier Trade and Companies Register under number 831 239 744) also has access to this information.
The customer accepts that the personal data collected may be transmitted to the commercial partners of -18° SAS for the purposes of commercial prospecting.
The data collected will be kept for 5 years for accounting data (invoices are, by exception, kept indefinitely) and until the customer leaves the AMORINO network for other data. In the event of a dispute between -18° SAS and the customer, or a complaint by the customer, the data will be kept for the duration of the dispute or until the complaint has been dealt with.
In accordance with Regulation (EU) 2016/679 on the protection of personal data, it is specified that each person whose personal data is processed has the following rights with regard to their data: right of access, right of rectification, right to erasure (right to be forgotten), right of objection, right to limitation of processing, right to portability. Each person may also define instructions regarding the retention, erasure and communication of their personal data after their death.
Each person may, for reasons relating to their particular situation, object to the processing of data concerning them.
To exercise these rights, letters should be sent by recorded delivery to the following address: 13, chemin des Chaudronniers, 94310 ORLY, France, or to the following email address: privacy@amorino.com.
Anyone who suffers a breach of any of the above rights may lodge a complaint with the French Data Protection Agency (CNIL) (https://www.cnil.fr/).