Article 1 – Identification of the seller
These General Terms and Conditions of Sale (T&C) apply to all commercial transactions concluded between:
MAGNAF SAS, a simplified joint-stock company registered under SIREN number 937 619 955, with registered office at 112 rue de Rochopt, 91800 Boussy-Saint-Antoine, France.
Intra-community VAT number: FR42937619955
Email: contact@magnaf.eu
Phone: +33 6 09 20 40 85
Article 2 – Scope and enforceability
These T&C govern the contractual relationship between MAGNAF SAS and any legal or natural person (hereinafter "the Seller") wishing to transfer goods (stock, overstock, lots, end-of-line products) to MAGNAF SAS.
They comply with the French Civil Code, the Commercial Code, EU Directive 2011/83/EU on consumer rights, and Regulation (EU) 2019/1150 on promoting fairness and transparency for business users.
MAGNAF SAS operates exclusively B2B (business-to-business transactions). These T&C do not apply to consumers within the meaning of Directive 2011/83/EU.
Article 3 – Formation of the contract
Every transaction is preceded by a purchase offer issued by MAGNAF SAS, valid for 5 business days from its date of issue.
The contract is deemed formed upon receipt by MAGNAF SAS of the Seller's written acceptance (email or letter) of the purchase offer.
The description, quantity, condition and value of the goods are specified in each individual offer. Any material change in the goods compared to the initial description may result in revision or cancellation of the offer.
Article 4 – Price and payment terms
4.1 Price determination
The purchase price is freely set by MAGNAF SAS after evaluation of the goods. It is expressed in euros excluding tax (HT) and including all taxes (TTC).
4.2 Payment terms
Payment is made by bank transfer (SEPA or international) within the contractually agreed period, unless otherwise agreed in writing.
In accordance with EU Directive 2011/7/EU on late payments in commercial transactions, any late payment automatically triggers interest at the ECB rate plus 8 points, plus a flat-rate recovery fee of €40.
4.3 VAT and tax obligations
MAGNAF SAS holds active intra-community VAT numbers in France, Germany, Italy, Spain and the United Kingdom. Cross-border intra-EU transactions are governed by VAT Directive 2006/112/EC.
Article 5 – Delivery and transfer of ownership
Ownership of the goods transfers on the date the delivery note is signed by MAGNAF SAS, simultaneously with the transfer of risk.
Logistical arrangements (collection, delivery, shipping costs) are specified in each individual purchase offer. MAGNAF SAS operates prep centres in France, Germany, Italy and Spain.
The Seller warrants that the goods transferred are free from any pledge, lien or third-party right of retention.
Article 6 – Warranties and compliance
The Seller warrants that the goods transferred:
- Match the description provided (nature, quantity, condition, references)
- Comply with applicable regulations (CE, REACH, RoHS standards, etc.)
- Are not subject to any ongoing commercial or legal dispute
- Comply with European customs and tax regulations
- Do not infringe any third-party intellectual property rights
In the event of proven non-compliance, MAGNAF SAS reserves the right to refuse the goods, request a price reduction or hold the Seller liable.
Article 7 – Liability and limitation
MAGNAF SAS liability can only be engaged in cases of proven fault and will be limited to the amount of the transaction in question.
MAGNAF SAS shall not be liable for indirect damages, loss of business or loss of profit suffered by the Seller.
Article 8 – Anti-money laundering (AML/CTF)
In accordance with EU Directives 2015/849/EU and 2018/843/EU on the prevention of money laundering and terrorist financing, MAGNAF SAS reserves the right to request any identification document for the purpose of verifying the identity of the Seller and the origin of the goods.
Article 9 – Personal data protection
Personal data collected in the course of transactions are processed in accordance with the General Data Protection Regulation (GDPR – EU Regulation 2016/679). For more information, please consult our Privacy Policy.
Article 10 – Dispute resolution
10.1 Mediation
In accordance with Articles L.612-1 et seq. of the French Consumer Code and EU Directive 2013/11/EU on alternative dispute resolution, any dispute may be submitted to a mediator before any judicial proceedings.
The European Commission provides an online dispute resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr
10.2 Applicable law and jurisdiction
These T&C are governed by French law. In the event of a dispute not resolved amicably, the courts with jurisdiction over the registered office of MAGNAF SAS will have sole jurisdiction.
For cross-border transactions within the European Union, Regulation (EU) No 1215/2012 on jurisdiction will apply.
Article 11 – Amendments to the T&C
MAGNAF SAS reserves the right to amend these T&C at any time. The applicable T&C are those in force at the date of contract formation. Any material change will be communicated to regular business partners with reasonable notice.