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Article L441-1-2 of the French Commercial code

I.-A wholesaler is any natural or legal person who, for professional purposes, purchases products from one or more suppliers and resells them, on a principal basis, to other traders, wholesalers or retailers, to processors or to any other professional who obtains supplies for the needs of his business. Central buying groups or wholesaler referencing centres are treated in the same way as wholesalers. The concept of wholesaler does not include…

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Article L441-2 of the French Commercial code

Any service provider is required, with regard to any recipient of services, to comply with the information obligations defined in Article L. 111-2 of the Consumer Code. This obligation does not apply to the services mentioned in Books I to III and Title V of Book V of the Monetary and Financial Code and to transactions carried out by companies governed by the code des assurances, by the supplementary occupational…

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Article L441-3 of the French Commercial code

I.-A written agreement concluded between the supplier, with the exception of suppliers of products mentioned in article L. 443-2, and the distributor or service provider sets out the reciprocal obligations to which the parties are committed at the end of the commercial negotiation, in compliance with articles L. 442-1 to L. 442-3. This agreement is drawn up either in a single document or in a package formed by a framework…

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Article L441-3-1 of the French Commercial code

I.-The written agreement concluded either between the supplier and the wholesaler, as defined in I of article L. 441-1-2, or between the wholesaler and the distributor or service provider sets out the reciprocal obligations to which the parties are committed at the end of the commercial negotiations, in compliance with articles L. 442-1 to L. 442-3. This agreement is drawn up either in a single document, or in a package…

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Article L441-4 of the French Commercial code

I.-This article applies to the agreement mentioned in I of article L. 441-3 when it relates to mass-market products defined as non-durable products that are consumed frequently and repeatedly. The list of these mass-market products is set by decree. II.-This article does not apply to the wholesaler defined in I of article L. 441-1-2. III.-The agreement mentions the scale of unit prices, as previously communicated by the supplier, together with…

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Article L441-5 of the French Commercial code

A written agreement shall be drawn up, in compliance with articles L. 441-1 and L. 442-1 to L. 442-3, for any purchase of manufactured products, manufactured at the request of the purchaser with a view to being incorporated into its own production, the amount of which exceeds a threshold set by decree. It mentions the conditions agreed between the parties, in particular: 1° The purpose of the agreement and the…

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Article L441-6 of the French Commercial code

Any breach of the provisions of articles L. 441-3 to L. 441-5 is punishable by an administrative fine of up to €75,000 for a natural person and €375,000 for a legal entity. The maximum fine incurred is increased to €150,000 for a natural person and €750,000 for a legal entity if the breach is repeated within two years of the date on which the first penalty decision became final. By…

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Article L441-7 of the French Commercial code

I.-The contract concluded between a supplier and a distributor relating to the design and production of food products in a manner that meets the specific needs of the purchaser and sold under a distributor’s brand mentions the price or the criteria and procedures for determining the purchase price of the agricultural products used in the composition of these food products. The determination of the price takes into account the efforts…

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Article L441-8 of the French Commercial code

I. – Without prejudice to Article 172a of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, contracts with a performance period of more than three months relating to the sale of agricultural and food products…

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Article L441-9 of the French Commercial code

I.-Any purchase of products or provision of services for a professional activity is subject to invoicing. The seller is obliged to issue the invoice as soon as the delivery or service provision has been completed within the meaning of 3 of the I of article 289 of the General Tax Code. The buyer is obliged to claim it. The seller and the buyer shall each keep a copy of any…

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