French Commercial code
In forceI.-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 its general terms and conditions of sale, or the procedures for consulting this scale in the version that served as the basis for the negotiation, as well as each of the reciprocal obligations to which the parties committed themselves at the end of the commercial negotiation and their unit price.
IV.-The agreement sets out the forecast turnover which, together with all the obligations set out in the agreement in accordance with III of article L. 441-3, constitutes the business plan for the commercial relationship. Where the agreement is for a period of two or three years, it sets out the terms and conditions under which the forecast turnover is to be revised. The written agreement is negotiated in good faith, in accordance with article 1104 of the Civil Code.
V.-The date of entry into force of each of the obligations provided for in 1° to 3° of III of article L. 441-3 coincides with the date of effect of the agreed price. This applies no later than 1 March.
The provisions of 1° of III of Article L. 441-3 relating to derogating conditions of the sales transaction do not apply to this article.
VI.-The supplier communicates its general terms and conditions of sale to the distributor no later than three months before 1 March or, for products subject to a particular marketing cycle, two months before the starting point of the marketing period. The distributor has a reasonable period of time from receipt of the general conditions of sale to give explicit and detailed reasons in writing for its rejection or acceptance thereof or, as the case may be, the provisions of the general conditions of sale that it wishes to submit to negotiation.
VII.-The conditions under which, where applicable, the supplier undertakes to grant consumers, during the course of the year, promotional advantages on its products or services are set out in mandates entrusted to the distributor or service provider, concluded and executed in accordance with articles 1984 et seq. of the Civil Code. Each of these mandate contracts specifies, in particular, the amount and nature of the promotional benefits granted, the grant period, the forecast quantity of products concerned and the terms and conditions for implementing these benefits as well as the terms and conditions for the distributor to report to the supplier.
For the agricultural products mentioned in article L. 443-2, milk and dairy products, these benefits may not exceed 30% of the value of the unit price scale, including management costs.
