general import purchase conditions
TRANSCRIPT
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Printemps - Supply Chain, Normes & Méthodes, Direction des Flux - CGAI 201112
GENERAL IMPORT
PURCHASE CONDITIONS
IMPORT / EXPORT
102 Rue de Provence- 75009 PARIS SIRET: N° 503 314 767 000 16
Fax: 33.1.42 82 64 59 http://www.supplier.printemps.com/
Fiscality number U.E.: FR 21.503.314.767
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SOMMAIRE
ARTICLE 1 : SELLER‟S OBLIGATIONS 2
ARTICLE 2 : DEADLINES 2
ARTICLE 3 : CONFIRMATION 3
ARTICLE 4 : ITEMS SPECIFICATIONS 3
ARTICLE 5 : ONLY ONE INVOICE PER DELIVERY 3
ARTICLE 6 : CONDITIONNING PER ORDER NUMBER 4
ARTICLE 7: THE EUROPEAN REGULATION : REACH 4
ARTICLE 8 : PURCHASE IN THE COMMUNITY 4
ARTICLE 9 : PENALTIES FOR DELAY 4
ARTICLE 10: RESPONSABILITIES CLAUSE 5
ARTICLE 11: FREE DISPOSAL OF THE PRODUCTS.
(Item of counterfeiting - law 1367/95 5
ARTICLE 12 DOCUMENTS FOR THE FORWARDING AGENT 5
ARTICLE13: PRINTEMPS‟S INSURANCE 5
ARTICLE 14 : NAMED FORWARDING AGENT 5
ARTICLE 15: DOCUMENTS TO ADDRESS TO PRINTEMPS IMPORT 6
ARTICLE 16 : INCOTERM OF THE CONTRACT 6
ARTICLE 17: PAYMENT TERMS 6
ARTICLE 18 : REQUIRED INFORMATION 7
ARTICLE 19: RESPECT OF GENERAL IMPORT PURCHASES
CONDITIONS TERMS 7
ARTICLE 20 7
ANNEX TO THE GENERAL IMPORT PURCHASE CONDITIONS 8
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GENERAL IMPORT PURCHASE CONDITIONS
Introduction:
General import purchase conditions define the seller's obligations to Printemps, these are rules in
terms of compliance and documentation to introduce product in France
Moreover products will be delivered in our Distribution Center (DC) based, Import supplier have to comply with Printemps delivery DC standards. That means that our Vendor Standards Manual must be
validated and signed. This document completes the General import purchase conditions.
Import supplier has to specify order number, import file number and the department on each follwing document hereunder
- fax / email
- packing list
- invoice
- Other documents A discount will be automatically deducted in case of no respect of these information
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ARTICLE 1 : SELLER‟S OBLIGATIONS
1. Goods must be delivered in good condition, at the requested place of delivery, at the date or within the time stipulated in accordance with the contract ruled by the Incoterm® ICC 2010 list.
2. Goods must absolutely comply with all law requirements, decrees and regulation in force,
especially regarding labeling of composition for textile products, use of the French language on packaging and operating guides, marks enforced by some safety regulations.
3. Supplier must ensure that the definition of the product and its packaging comply with the legislation in force.
4. Goods must abide by the sample.
5. Goods must be delivered without defect or stain.
6. Trademarks, industrial designs made by PRINTEMPS, are and shall strictly remain his property. Supplier undertakes to respect the intellectual property rights of PRINTEMPS and is expressly forbidden to sell, deliver or give to any third party, products and / or packages for PRINTEMPS
ARTICLE 2 : DEADLINES Contractual delivery deadlines are mandatory and can not be negociated. Each partial shipment is in itself an independent contract as per the contract incoterm
ARTICLE 3 : CONFIRMATION The document of acceptance of General Import Purchase Conditions (last page attached to the order sent by e-mail) must be signed, dated and returned within 10 days to the Printemps Import address.
ARTICLE 4 : ITEMS SPECIFICATIONS
In case of selling with special technical specifications:
Colour in accordance to the sample,
Textile sizes product following size scales,
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Safety standards for particular products
Technical standards for particular products In case of lack of compliance with PRINTEMPS specification, goods will be rejected and this cost will be to seller „s charge
ARTICLE 5 : ONLY ONE INVOICE PER DELIVERY
Invoice must be issued per delivery and exactly matched the import order number. No invoice
will be accepted without the order number, import file number and Supplier’s Number In case of electronic invoicing , should sent :
- An invoice either by EDI or through the supplier portal (www.supplier.printemps.com/) with following information : - Company name, with the full address - Share capital - Legal status - VAT Number or Supplier Number for invoicing - GNL code if sent via EDI or through the portal
Regarding the content of the invoice, additional information should appear - Number and date of the invoice - Order Number - Discount terms - Penalty conditions - Invoice currency - Due date - Information regarding VAT (at line level and bottom of invoice) - Overall cost/discount to invoice or invoice lign
- The invoice will provide for each lign : EAN, description, billed quantitiy, net unit price, net lign amount and taxes. In case of discount, gross unit price must appear
A copy by e-mail or mail have to be provided to the Import Department with the following
information :
Terms: PRINTEMPS - Import / Export - – 102 Rue de Provence
75009 Paris – France
Informations to appear on the invoice:
Number and date of the invoice
Order number, import file number / the department number
Supplier‟s number for invoice
Incoterms of the contract.
Quantity for each reference,
Description of each item with the contexture or material,
Unit price with indication of the currency,
Total value with indication of the currency,
Date of shipment,
Total number of parcels,
Net weight and gross weight,
Origin of the goods,
The first 8 figures of the customs nomenclature (INTRASTAT)
Invoice must be issued per delivery and exactly matched the import order number and issued in 2
copies.
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No invoice will be accepted without the order number and import file number and Supplier‟s Number.
ARTICLE 6 : PARCELS PER ORDER NUMBER
1 parcel per order Number : In case of several parcels for one store each product / size / colour must be packed together in the same store‟s parcel. Do not mix differents store orders in a same carton.
Anti mold: the Dimétylfumarate (DMF or DMFu): PROHIBITED SUBSTANCE
The DMFu is a fungicide that manufacturers use for shipping and storage of consumer goods. The DMFu can cause acute dermatitis, eczema, to people who have been exposed to this substance. DMFu
If you use these products please note that only products are recommended: MICRO-PACK or 100% SILICA GEL purchased from reputable suppliers
If using bags drying is ESSENTIAL, they are ALLOWED in PACKAGE ONLY (in MINIMUM QUANTITY NECESSARY), but in no case they SHOULD BE IN THE PRODUCTS.
ARTICLE 7 : LE REGLEMENT EUROPEEN REACH / THE EUROPEAN REGULATION REACH
The European Regulation REACH n°1907/2006 of December 18, 2006, regarding the management of the chemical substances which aim to ensure a high level of security for human health and environment, came into force on June 1
st, 2007.
The levels of obligations regarding communication are different between the actors of the supply chain and particularly for Printemps towards its final consignee of the product bought in its stores. The REACH regulation imposes to the manufacturers and European importers the obligation to register the substances the way they are, or contained in preparation they import or manufacture in quantity superior to 1 tonne per year (per importer/manufacturer). It imposes also, under some conditions, to manufacturers and European importers of articles, an obligation of registration of the substances contained in these articles which will be rejected in normal conditions of use or reasonably foreseeable conditions of use.
The supplier‟s attestation has to state
The supplier has the knowledge of the obligations inherent to the REACH Regulation
His duty to inform by written means that each item delivered containing one or more substances on the list of « substances candidates to authorization »,
ARTICLE 8 : PURCHASE IN THE EUROPEAN UNION
Clause of administrative and fiscal responsability The seller in the European Union has to write on his invoice:
PRINTEMPS‟ VAT Number : F.R. 21 503 314 767
And his own VAT number. Seller must send invoice to PRINTEMPS as soon as possible. In case of no respect of registration of both fiscal numbers, Printemps rebill the French fiscal penalties to the seller.
ARTICLE 9 : DELAY PENALTIES The respect of delivery deadlines is an essential clause of the General Import Purchase Conditions. The importer will be charged a X % penality, negotiated by the buyer, on the invoice amount due to supplier for each week delay to delivery Delay penalties of General import Purchase Conditions replace penalties of Vendors Standards Manual
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ARTICLE 10: RESPONSABILITIES CLAUSE
The supplier ensures that the delivered goods are not manufactured with harmful products to health and are not the fruit of child labor or people in prison. The supplier is liable for the following information: Manufacturing goods country of origin ordered by Printemps after the custom study of the items
composition (material or composition of goods) The structure and specification of Item The Certificate of conformity of a recognized laboratory for product subject to safety standards Labo-test report certificate for the dyestuff used in the manufacturing process (ref. annexe n°4) Social and environment protection clause EC law (ethic charter)
Application of International Labour Organisation Convention: Conventions n° 29 - 105 - 138 concerning practice of any form of slavery, child labor ban,the work of penitentiary forbidden and minimum age for employment. Conventions n°87 and 98 on the application of principles of the right of free association and collective negotiation (as defined in the Geneva Conventions).
Fraud and lack of administrative cooperation provided for the control of Certificates of Origin (FORM A - EUR 1 - ...)
The Certificate of Origin must be authentified, validated and certified by the competent authorities of the country.
If incorrect information and/or falsified documents are provided, Printemps will proceed against your company customs penalties during 4 years from the date of delivery.
ARTICLE 11: FREE DISPOSAL OF THE PRODUCTS (Item of counterfeiting - Law 1367/95)
1. Products, goods or services delivered should be free of any rights towards anybody : (copyright - artistic literary property), concerning work of art or reproduction of work of art and particularly every right of use, copy or sequel and, in general, all right preventing, restricting or opposing the free market to the public. The supplier commits himself to proceed to useful checking to that end and to get possible useful authorizations as soon as he receives order, so that Printemps will be sure that the current clause will effectively be guarantee. The charges of any direct or indirect costs and rights, including litigation or damages and interests, are supported by the supplier.
2. Supplier must inform Printemps about any possible difficulties in this regards.
ARTICLE 12 DOCUMENTS FOR THE FORWARDING AGENT
Seller must provide forwarding agent, along with the goods
one copy of each invoice
one copy of the packing list
one copy of the certificate of origin, or form A, or EUR 1, … for the Third countries
ARTICLE13: PRINTEMPS‟ INSURANCE
In accordance with incoterm, Importer PRINTEMPS‟ Insurance covers goods, except for the incoterm D.D.P., seller must insure the goods with the company of his choice.
ARTICLE 14 : DESIGNATED FORWARDING AGENT
Only the designated freight forwarder is entitled to convey the goods. If the exporter chooses another freight forwarder, then the importer PRINTEMPS will charge him back the transport charges. In case of CPT purchase, the exporter has to deliver goods to the designated freight forwarder at Roissy airport.
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ARTICLE 15: DOCUMENTS TO ADDRESS TO IMPORT
Supplier must send by express mail to the following address the original documents and notify to
his import contact the company name in charge of the document shipment as well as the tracking
N°.
PRINTEMPS - Import / Export
Commande / Order :………Soumission / Import file _ _ _ _ _ _ _ _ Segment / Department _ 102 rue de Provence 75009 Paris – France
The original copies of the following documents :
2 copies of the commercial invoice
1 copy of the packing list
Original of custom documents (export licence, official permit) as requested
Original certificate of origin or Form A, or EUR 1, ...
Other authorizations (regulation, technical specifications which are required on the domestic market)
Original transport document : B/L – Air Way Bill –Way-Bill
ARTICLE 16 : CONTRACT INCOTERM
Carriage Incoterm contract must be respected. If the exporter enters into a carriage contract different than the present contract, this one will be at
risks and expenses of the exporter. Supplier must notify Printemps‟ Import Department of any change of this nature by e-mail.
ARTICLE 17: PAYMENT TERMS
Given the specificity of the import flows the article 8 of the Vendors Standard Manual is not applicable
Payment by bank transfer The payment shall be cash and net without discount 30 or 60 days, date of receipt in our warehouse in Paris according to the purchasing negociations and regarding on payment terms. On each invoice will be notified the Supplier‟s name bank and his account number
Payment by documentary credit
Supplier must send to Printemps‟Import a pro-forma invoice in accordance with future commercial invoice to open a documentary credit.
The pro-forma invoice must state the incoterm of the contract, the beneficiary‟s bank name, the supplier‟s account number, as well as the forecasted date of delivery.
The documentary credit must be irrevocable and confirmed by the seller‟s bank.The costs of documentary credit opening are charged to the seller. Validity of the Documentary credit shall be at least 15 workable days, following the shipment period indicated in the contract.
Types of documentary credit opened by PRINTEMPS : Realizable to PRINTEMPS‟ bank By negotiation Deferred payment within 30 days of presentation of documents (copy of BL, AWB, CMR, certificate
of origin,...) to the bank of to PRINTEMPS‟ bank Partial shipment prohibited Transhipment prohibited Transport document B/L and AWB must be consigned to PRINTEMPS and notified to the designated freight forwarder.
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ARTICLE 18 : REQUIRED INFORMATION
1. Case of impossible delivery In case of unpredictable circumstances preventing the embarkation of the goods, the seller must interfere within 3 working days, expected date of embarkation of the goods, with the importer PRINTEMPS to inform him of the new delivery date.
2. Both parties agree to keep each other informed of any fact or event likely to be relevant to the performance of this contract, including quality issues, manufacturing
3. Supplier is required to a general obligation of advice which means that ensures a continuous watch as taking legal obligations, regulations or standards to products and their packaging
ARTICLE 19: RESPECT OF GENERAL IMPORT PURCHASES CONDITIONS TERMS
Any costs resulting from the non respect of any article of this contract, including any storage costs at destination (no original document: B/L, Air Way Bill, Way-Bill) shall be charged to the exporter and automatically deducted from our payment without further notice.
ARTICLE 20 :
In case of dispute the law, the courts of Paris are the only competent authorities. “For all disagreement issuing from the present contract, only the French law will apply ”
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ANNEX :
Labelling of textile products and others - n°1
Table of the textile fiber names –n° 2
The leather product and similar to leather– Tableware in all material - n°3
Footwear Products n°4
Dyestuffs of items – Azo dyes n°5
European Regulation REACH + Supplier‟s declaration n°6
Toys - n°7
Cosmetic and body cleaning products - n°8
Precious metals - n°9
Lamp and electrical devices - n°10
Recycling of electrical and electronic waste - n°11
Legislation regarding the bed linen items - n°12
Decoration: Products imitating fruits and vegetables- n°13
Regulation on candles n°14
Regulation on sunglasses - n°15
ANNEX TO THE GENERAL IMPORT PURCHASE CONDITIONS
LABELLING OF TEXTILE PRODUCTS AND OTHERS N°1
A - LABELS OF ORIGIN
The origin marking is no longer mandatory as Decree No. 86-985 of 21/08/1986 unless a clear
indication to suggest that the product was manufactured in another country than the country's real manufacturing
The origin can be indicated and the rules regarding origin are tightly linked with the tariff classification of goods, based on the nomenclature of the Harmonized System.
The country, where the product has been totally manufactured or has been worked out or sufficiently transformed, induces the origin B - LABELS OF COMPOSITION : Composition label shows the name and proportion of different fiber components of clothing. It must be in French (Law of 04/08/1994 on the use of French language (Loi
Toubon) and fixed by the foreign manufacturer It is mandatory.
e.g. 60 % COTON
40 % POLYESTER
Composition on product label must be the same as stated on the order / invoice/ packing list/...
1° Conditions to fix the marks of origin :
The composition label must appear on the product itself or on a textile label, woven,
embroidered or printed, stitched on each item. It must be sufficiently obvious, readable and fixed in a noticeable way. In case the product is packed, the mark of origin must also be stated on the packing. 2° Particularities to fix the mark of origin on some products :
The products listed below are besides submitted to the following rules: Knitted fabrics : composition label must be stitched on the edge of each piece of
fabrics. Gloves : composition label mark of origin must be fixed on the inner edge of the
wristband. Stocking, socks, ankle socks, similar items and panty hoses: notwithstanding the stated
conditions, the composition label can be stuck or stapled on the product. Set items (tablecloth and napkins): composition label is fixed on the most important unit,
as it is on the tablecloth. Hosiery underwear and hosiery upper clothes: the composition label must be stitched
inside the item. The label must be placed on the back collar for the top garments, and on the back belt for bottom garments.
NB: If you use fiber trademarks you must send us the authorization of use on the
contrary you must use the legal names only (eg: a mixture of 80% Tencel® 20% Lycra®
shall be labeled in 80% Lyocell 20% Elasthanne)
Warning: Spandex is a name. It shall in no event be included on labels and product
compositions.
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ANNEX TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°2
TABLE OF THE TEXTILE FIBER NAMES Arrêté of June 24, 1998 Consolidated Version on September 3, 2010
All the garments compositions must be in French language.
Numéro
CE / EC
Code
Dénomination
Compulsory fiber‟s name
Numéro
CE / EC
Code
Dénomination
Compulsory fiber‟s name
1 Laine (f) (1). 23 Protéinique (f) (2).
2 Alpaga (m), lama (m), chameau (m), 24 Triacétate (m).
cachemire (m), mohair (m), angora (m), 25 Viscose (f).
vigogne (f), yack (m), guanaco (m), 26 Acrylique (m)
cashgora (m), castor (m), loutre (f), 27 Chlorofibre (f).
précédé ou non de la dénomination 28 Fluorofibre (f).
“laine” ou “poil” (1). 29 Modacrylique (m).
3 Poil (m) ou crin (m) avec ou sans 30 Polyamide (m) ou nylon (m).
indication d‟espèce animale (par 31 Aramide (m).
exemple, poil de bovin, poil de chèvre 32 Polyimide (m).
commune, crin de cheval). 33 Lyocell (m) (3).
4 Soie (f). 34 Polylactide.
5 Coton (m). 35 Polyester (m).
6 Capoc (m). 36 Polyéthylène (m).
7 Lin (m). 37 Polypropylène (m)
8 Chanvre (m) 38c Polycarbamide (m).
9 Jute (m). 39 Polyuréthane (m).
10 Abaca (m). 40 Vinylal (m).
11 Alfa (m). 41 Trivinyl (m).
12 Coco (m). 42 Elastodiène (m).
13 Genêt (m). 43 Elasthanne (m).
14 Ramie (f). 44 Verre (m). textile.
15 Sisal (m). 45 Dénomination correspondant à la
16 Sunn (m). matière dont les fibres sont composées
17 Henequen (m). par exemple : métal (métallique,
18 Maguey (m). métallisé), amiante, papier (papetier),
19 Acétate (m). précédée ou non du mot “fil”ou“fibre”
20 Alginate (m). 46 Elastomultiester
21 Cupro (m). 47 Elastoléfine
22 Modal (m). 48 Melamine
(1) The denomination “laine” in the Number 1 can also be used to indicate a mix of fibres coming from the
sheep's fleece and hair mentioned in the Nulmber 2(…)
(2) The word “ fibre ” is implied
. (m) masculin / masculine. . (f) féminin / feminine.
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ANNEX TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°3
SIMILAR TO LEATHER AND LEATHER PRODUCTS
Article. 1 :
The French regulation (decree N° 2010-29 of January 8, 2010) compels us to put a label on leather products and similar to leather products.
The designations permitted by law are: Cuir / Croute de cuir / synthétique /textile / autres matériaux
Cuir : The product obtained from animal skin using a tanning or impregnation maintaining the natural structure of the fibers of the skin and retaining all or part of its flower. Legal labeling : Cuir: vachette or Cuir: chèvre
Croûte de cuir : inside of a leather obtained by dividing the thickness of the leather or any other transaction that resulted in the complete removal of the outer layer on which all the points of implantation of hair, feathers or scales is destroyed. In the case of the crust leather pig, implantation of hair follicles can remain apparent.
Synthétique: A general term for a material composed of all or part of macromolecular synthetic products (eg: Polyurethane, PVC,...)
Textile : Products defined by the directive 2008/121/EC relating to textile names
Article 2 :
The Identification Number of PRINTEMPS is: 4875
Article 3 : The label in cardboard has to be stuck at the shoulder strap or at the zipper puller. The Identification Number have to be written on the label as well as the nature of the leather in French (see order )and the type of finishing for the furniture.
Article 4 : PATTERN OF LABEL IN CARDBOARD (Dimension 4cm x 4cm)
Example :
PRODUCT LEATHER PRODUCT SIMILAR LEATHER
Distribué par
PRINTEMPS
102, rue de Provence
75009 PARIS
Distribué par
PRINTEMPS
102, rue de Provence
75009 PARIS
N° Identification N° Identification
4 8 7 5 4 8 7 5
VACHETTE IN IMITATION LEATHER
PEAU DE BOVIN AYANT
SUBI UN TANNAGE
The label with the mentions is mandatory
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ANNEX TO THE GENERAL IMPORT PURCHASE CONDITIONS
TABLEWARE IN ALL MATERIAL
Article 1 : The tablewarey in all material, including glass, is under the legislation of food contact with alimentary items. Test has to be done by the manufacturer in an acknowledged laboratory and the supplier must send to the Import of PRINTEMPS the certificate of conformity.
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ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°4
FOOTWEAR PRODUCTS
Labeling of materials used in the main components of footwear for sale to consumer is
required according to Directive 94/11/EC and Decree No. 96-477 of 30 May 1996 Labeling, with the prescribed information has to be at least on one shoes of each pair of footwear. It can be done by printing, sticking, embossing or using an attached. Label must be visible, well assured and accessible and size of the pictograms should be sufficient to make it easy to understand information on the label
Label must be as follows:
ADDING ON THE GENERAL IMPORT PURCHASE CONDITIONS
N°5
DYESTUFFS OF ITEMS
All finished garment and items in textile and in leather must be AZO dyestuffs free.
To sell the product, the supplier have to send the labo test report certificate concerning the dyestuffs used established according to the EC directive 2002/61.
COLORANTS AZOÎQUES INTERDITS / PROHIBITED AZO DYESTUFFS
Numéro CAS Numéro index Numéro CE Substance
1 92-67-1 612-072-00-6 202-177-1
Biphényl-4-ylamine 4-aminobiphényl
xenylamine
2 92-87.5 612-042-00-2- 202-199-1 Benzidine
3 95.69-2 202-441-6 4-chloro-o-toluidine
4 91.59-8 612-022-00-3 202-080-4 2-naphthylamine
5 97-56-3 611-006-00-3 202-591-2
o-aminoazotoluène 4-amino-2’,3-diméthylazobenzène
4-o-tolylazo-o-toluidine
6 99-55-8 202-765-8 5-nitro-o-toluidine
7 106-47-8 203-401-0 4-chloroaniline
8 615-05-4 210-406-1 4-méthoxy-m-phénylènediamine
9 101-77-9 612-051-00-1 202-974-4 4,4’,-méthylènedianiline 4,4’-diaminodiphénylméthane
10 91-94-1 612-068-00-4 202-109-0 3,3’-dichlorobenzidine 3,3’-dichlorobiphényl-4,4’-ylènediamine
11 119-90-4 612-036-00-X 204-355-4 3,3’-diméthoxybenzidine o-dianisidine
12 119-93-7 612-041-00-7 204-358-0 3,3’-diméthylbenzidine 4,4’-bi-o-toluidine
13 838-88-0 612-085-00-7 212-658-8 4,4’-méthylènedi-o-toluidine
14 120-71-8 204-419-1 6-methoxy-m-toluidine p-crésidine
15 101-14-4 612-078-00-9 202-918-9 4,4’-méthylène-bis-(2-chloro-aniline) 2,2’-dichloro-4,4’-méthylène-dianiline
16 101-80-4 202-977-0 4,4’-oxydianiline
17 139-65-1 205-370-9 4,4’-thiodianiline
18 95-53-4 612-091-00-X 202-429-0 o-toluidine 2-aminotoluène
19 95-80-7 612-099-00-3 202-453-1 4-méthyl-m-phénylènediamine
20 137-17-7 205-282-0 2,4,5-triméthylaniline
21 90-04-0 612-035-00-4 201-963-1 o-anisidine 2-méthoxyaniline
ADDING TO THE GENERAL IMPORT PURCHASE
REACH REGULATION N°6
The European Regulation REACH n°1907/2006 of December 18, 2006, regarding the management of the chemical substances which aim to ensure a high level of security for human health and environment, came into force on June 1
st, 2007.
The levels of obligations regarding communication are different between the actors of the supply chain and
particularly for Printemps towards its final consignee of the product bought in its stores.
The REACH regulation imposes to the manufacturers and European importers the obligation to register the
substances the way they are, or contained in preparation they import or manufacture in quantity superior to 1
tonne per year (per importer/manufacturer).
It imposes also, under some conditions, to manufacturers and European importers of articles, an obligation of
registration of the substances contained in these articles which will be rejected in normal conditions of use or
reasonably foreseeable conditions of use.
The company PRINTEMPS is recalling you its obligation of communication regarding articles towards its
customer.
In the REACH regulation, an article is an item for which the shape and the surface are more determining for its
function than its chemical composition. A t-shirt, shoes, candles, plates, a raclette appliance, a leather sofa,
packaging (printed box, blister pack, paper bags …) the conditioning for preparations (such as the bottles of
perfume, bottles of shampoo) are articles.
The article 33 of REACH regulation, in force , established, from the publication of the list of the « substances
candidates to authorization” by the European Agency of Chemical Products, each distributor of an article that
contains one of these substances with a concentration superior to 0,1% of its weight, will have the obligation to give, to consumer who asks for, the sufficient information they have to allow him to use the article in security and with at least the name of the substance(s), within 45 days,
The supplier‟s attestation has to state
The supplier has the knowledge of the obligations inherent to the REACH Regulation
His duty to inform by written means that each item delivered containing one or more substances on the list of « substances candidates to authorization »,
According to these obligations , we ask you to indicate for each article, if it contains one or more substances mentioned in the list of the substances candidate as soon its concentration is superior to 0,1% of its weight. This first list published will be regularly completed. We send you a copy of the list “as published on the European Chemical Agency (ECHA) site.
We thank you to send back the attestation signed and filled in by the legal representative of your Company
within 21 days from the date of this order.
We already inform you the REACH Regulation may submit to authorization the use of these substances, in
medium or long term.
We invite you to think about working with laboratories or technical centres who have the experience of
managing these type of substances of very high concern that can be found classified by category of material
composing articles : plastics, metals , the colours and the finish for textile , and on the possibility to replace
these substances by substances called substitution substances (which are not in the list of the substances
candidate to authorization).
Notification procedure: The notification procedures, of authorization and restrictions for substances of highest concern towards their effects on human health and environment will only begin on June 1
st, 2011.
If you are just user of an article and you don’t manufacture them, it will be necessary to go backwards on the level suppliers/manufacturers in the supply chain. Make sure with your suppliers/manufacturers and/or subcontractors they understand the obligations of the regulation linked to the articles with REACH, so that they will be able to answer your request in the time limit, and eventually think about substitutions for substances of very high concern and have a look at the update of the list of the substances candidate to authorization on the ECHA site
In case of no respect of these commitments from your company, you will have certain responsibilities regarding the consequences notably financial, which can occur to our company as a result of such violation of the rule Waiting for your attestation; we remain.
NB : The directives (Azo Dyestuffs, textile and leather – Cadmium coating – Nickel, metallic accessories - Phthalate, toys,
child care – PFOS, articles anti stain treated) concerning the restriction on placing on market and the use of certain
substances and dangerous preparations, will be integrated in the au REACH regulation (Annex XVII) June 1st,
2009. They are still effective in application.
Attestation: I undersign…………………………………………., legal representative of the Company ………………………………………..whose head office is located: ………………………....... Commercial Registration Number …………………………………………… Intra communautary VAT N°……………………………………
The company …………………………………………………. knows the obligations due to the REACH Regulation.
The Company ………………………………………….will take all necessary measures to
guarantee the conformity with the European regulation REACH regarding all the references and services the Company is carrying out for the Company PRINTEMPS.
The Company ………………………………………………… confirms the articles sold in
Printemps stores are not containing substances of very high concern (SVHC) listed in the Annex XIV of REACH or if some articles contains SVHC , the Company issues a board with the name of these substances as well as the concentration in the articles ( in % weight/weight).
At the time of delivery and for each article delivered containing one or more substances listed in the «list of substances candidate to authorization », the Company…….. ………. commits itself in giving to PRINTEMPS, the name and the exact concentration of the substance (s) in the time limit. In case of no respect of its commitments or in case of false information, the Company ………….. ……………… will have certain responsibilities regarding all the consequences, which can occur as a result of such violation of the rule and guarantees PRINTEMPS of all damage, notably financial, it may involve. The Company ……………………………………assures the information given are true. Date : Signature : Commercial stamp of the Company :
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°7 TOYS Regulations
Labelling of toys is related to the test report regarding the safety standards (NF EN 71-1, 71-2, 71-3).
Every foreign toys which conforms to safety standards have to be labelled
Example of label to stick on the toy or on the packaging:
For the European Community :
C E C E NOM du FOURNISSEUR ETRANGER NAME of the FOREIGN SUPPLIER
Importateur : Nom, Raison Sociale,
adresse communautaire de
l’importateur dans la Communauté
Européenne
Importateur : Name, Firm status,
European address of the importer in
the European Community
The use, the instruction of use and warnings, and every other mention must be written in French
language
For the third countries :
C E C E
NOM du FOURNISSEUR ETRANGER NAME of the FOREIGN SUPPLIER
Importateur : PRINTEMPS Importateur : PRINTEMPS
102 rue de Provence
75009 PARIS 102 rue de Provence
75009 PARIS
The use, the instruction of use and warnings, and every other smention must be written in French
language
« The «CE» symbol of conformity is made of the letters CE printed as follows »:
This label is mandatory to put the product on the French market
The manufacturer or the importer has to provide following documents: test(s) result(s), making origin (manufacturing and storing adress),
Manufacturing method (product plans and modifications, raw materials list, manufacturing processes …) and
control method (manufacturing control procedure and inspection reports…), as they are gathered in the manufacturing file.
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°8
COSMETIC PRODUCTS AND BODY CLEANING PRODUCTS
. To sell cosmetic and body cleaning products in security, PRINTEMPS must follow the European and French legislation and take steps towards the Health authorities
I) DOCUMENTS AND INFORMATION REQUIRED
Product complete formula: raw material + percentage for cosmetic product; list and proportioning of products + list of allergens for perfume and perfuming compositions.
Preparation of products, raw material control and testing.
Results of skin innocuousness and tolerance, including toxicology.
Name, address, phone and fax number of the distributor abroad.
Name, address, phone and fax number of the manufacturer abroad
For perfume and perfuming composition :
IFRA certificate countersigned by a Notary Public or a certification of identical formula countersigned by a Notary Public if the product has been sold in France before and during 3 years.
We need to know either the product complete formula (ingredients and percentage or the percentage of perfume in the formula, as well as allergen.
* Regarding cleaning products (soap, bath soap, foaming cleanser: indicate if they contains
tensio active ingredients and indicate the foaming ingredients name
In case of glycerin use: indicate its origin (animal, plant or synthetic) as well as the name and address of manufacturer.
II) THE PRODUCT AND ITS LABELING The use, the instruction of use and warnings must be written in French language
On the label or packaging must appear the following :
- Weight and/or volume in legal unit
- The latest date of use: « A consommer de préférence avant le ...(month - year) » or for products which the durability is inferior or superior to 30 months
- Manufacturing lot number - Place of manufacturing - European Nomenclature of the ingredients (INCI List). - Recycling logo
20
ADDING TO THE GENERAL IMPORT PURCHASES CONDITIONS
PRECIOUS METALS ITEMS N°9
- Precious metal items under legal titre (gold: 999, 916, 750 thousandth; silver 999,925,800 thousandth, Platinum,
99, 950, 850 thousandth) from third countries or EU must bear hallmarks before they can be sold in France.
1-PRODUCTS PACKAGING INSTRUCTIONS - - Precious metal items (Gold, Silver and Platinum) must be wrapped and delivered separately
from other orders.
Products made in precious metals must be packed individually in a bag and the item reference must be stuck on each bag.
Silver and gold items must be packed in two different boxes 1 box which must weigh less than 8 grams (silver product) and less than 1 gram (gold product)
Silver product which weight is less than 8 grams 1 box Gold product which weight is less than 1 gram 1 box
1 box which must weigh more than 8 grams (silver product) and more than 1 gram (gold product) Silver product which weight is more than 8 grams 1 box Gold product which weight is more than 1 gram 1 box
2-IMPORT ORDERS INSTRUCTIONS
We send you different orders when the weight of silver or gold is inferior or superior to
standards.
3-SUPPLIER INVOICE INSTRUCTIONS
Supplier must issue 2 different invoices corresponding to orders in accordance with silver and
gold weight inferior or superior to standards.
You must indicate the following information on your invoice, which are extremely important in
the management of our police books, which are regularly controlled by the French Customs
Authorities.
Reference
of the items
Material
Gold/ Silver/...
Legal
titre
Item unit
weight
Total
Weight
Unit
Price
Quantity Total
Amount
4-TRANSPORTATION AND HALLMARKS A - Third countries
Transportation of precious metal items is managed by PRINTEMPS.
B -European Union
In the case of DDP, the supplier must either:
1-Bring the proof that the items ordered by PRINTEMPS own the 3 hallmarks (maker, titre and
guarantee) and were checked by an accredited body (labs, assay offices, …). Documents have to be clearly readable and mention the ordered PRINTEMPS Skus.
Or
. 2- Use a carrier of his choice but must deliver the goods to FERRARI -17 rue Dupetit Thouars-75003
PARIS (Import hallmarks maker for Printemps) which will put hallmarks on them. Hallmarking costs will be charged to supplier.
Or
3- Alternatively the supplier can use the carrier service provided by FERRARI. In such case, extra costs will be charged to the supplier.(Send an e-mail to your import Contact to have the name of the forwarder in your country)
In any case, the supplier has to prove that delivered goods have been hallmarked either in the
departure country (option 1) or using Printemps Import hallmarks maker (options 2 and 3)
21
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°10
LEGISLATION REGARDING THE LAMPS AND ELECTRICAL DEVICES
LEGISLATION
Lamps and light chain must apply by the following European Directive regarding the rules applicable in France.
« CEM 89/336/CEE of 03/05/89 revised » dealing with the electromagnetical compatibility.
« 73/23/CEE of 13/02/73 revised » dealing with the electrical device used in some limits of tension.
L’ETIQUETAGE/ LABELING
The «CE» logo of conformity is built with the following graphics
Added information
Trade mark and address of the manufacturer
Product reference
Lot number
Electrical tension of the device
Power of the lamps to use
For some category of product an instruction of use is sometimes necessary
As well as all the useful information for a safe use of the electrical device.
This « CE » logo has to be placed on the electrical device itself or on the packaging, on the instruction of use or on the guarantee slip by the manufacturer or the Agent or the person responsible for the launching of product.
The use of French language is mandatory
Please send us very rapidly the certificate of electrical conformity and security of a European laboratory for each reference of the order.
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°11 ELECTRICAL AND ELECTRONICAL DEVICES
Recycling of electrical and electronic equipment waste
Decree 2005-829 of July 20, 2005
Regulation :
European Directive 2002/95/CE on restriction of the use of certain hazardous substances in electrical and electronic equipment
European Directive 2002/96/CE on the waste electrical and electronic equipment (WEEE)
Recall:
Electrical and electronic equipment have to be conform to both following Directives: CEM Directive 89/336/CE and Low Tension Directive 73/23/CE, as well as specific norms depending on the types of products
Products concerned in the selection of Printemps :
Electrical and electronic equipment which is dependent on electric current or
electromagnetic fields, (…), designed for a use with a voltage rating not exceeding 1 000
volts for alterning current and 1 500 volts for direct current , please refer to the list of
products on the annex IB of the European Directive 2002/96/CE
According to the art.6 of the decree each electrical and electronic products put on market after
08/13/2005 must bear the following labelling :
Producer’s/manufacturer’s address Launching date The following pictogram (If the dimensions of the equipment don’t allow the marking
on the product, the pictogram must be on the packaging as well as on the guarantee documents and the instruction of use that are enclosed with the product)
The producer „s obligations :
Producer has to make available the information regarding the treatment of the electrical and electronic equipment’ waste to the authorities in charge of the reprocessing of these waste (art.7)
During the transitional period (till 02/13/05) the producer has to inform Printemps’ Import / Export department, thanks to a particular indication on the invoice, of the cost corresponding to the waste disposal of the electronic and electrical equipment put on market before the 08/13/2005 (art.17)
From 07/01/2006 the electrical and electronic equipment of the annex 1 of the decree, exception of the medical devices and monitoring and control Instrument, put on market
must not contain lead, mercury, de cadmium, hexavalent chromium, polybrominated
biphenyls (PBB) or polybrominated diphényl ethers (PBDE). (art. 4 et 26)
As a distributor of electrical and electronic equipments, the Import/Export of Printemps ask its suppliers to send a copy of the conformity certificate and reserve the right to ask its suppliers to send a letter indicating that the manufacturers carry out the obligations that falls on them (Art.24)
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°12
LEGISLATION REGARDING THE BED LINEN ITEMS
LEGISLATION :
The bed linen items manufactured and imported in France must apply by the French decree regarding the safety of these items (non fire-lighting and hygiene).
“ Decree # 2000-164 of February 23, 2000 »
ITEMS CONCERNED The bed linen items concerned by this decree are the following :
Cushion (except the one designed to be integrated in a seat)
Pillows and bolsters
Feather bed
Eider-down
Matelassé cover.
NB: Products (cushions) not specifically designed to sleep on it , that is only for decoration, are
not concerned by this . Nevertheless the supplier has to place a label on the item that
reads: « produit uniquement reservé à la décoration (product only for decoration).
These items must apply by the requirements of non fire-lighting and hygiene, for those which contains feather or down.
Non fire-lighting : the fire must not spread to its environment
Hygiene : elimination of the pathogen elements
: The items conformity is attested by the firm responsible for the first launching of the product, by holding
the certificate concerning the norms NF EN 45011 and by the labelling of the products with the following
readable, visible and indelible mention:
«Conformes aux exigences du décret N° 2000-164 du 23 février 2000 » plus the name of the firm
responsible for the launching of the product.
Articles conformes aux exigences du
Décret N° 2000-164 du 23 février 2000
Importé par PRINTEMPS – Paris
RECALL : Each item must bear the label of cleaning instructions to follow, to maintain the
primary characteristics to the products.
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°13
DECORATION ITEMS: IMITATION OF FRUITS and VEGETABLES
EUROPEAN DIRECTIVE 87/357 OF 25/06/1987
Goods which are not foodstuffs, but of which it is reasonably foreseeable that consumers, particularly children, can mix up with real foodstuffs, seeing their characteristics : the shape, the smelling, the colour, the aspect, the packaging, the labelling, the volume, and the size, should not be of any risk , for security and safety of people, such as suffocation, poisoning, perforation or obstruction of the digestive tract
The dispositions of the decree are applicable despite any warning regarding the product
APPLICATION DU DECRET N° 92 985 DU 09/09/1992
DECREE # 92 985 of 09/09/1992
.
The importer have to obtain from the supplier a conformity certificate regarding the
component of the products , and the detachable parts must be large enough not to
ingested by children under 36 months and be well attached.
THE MATERIALS
Conformity certificate on items components evaluated by the laboratory.
0,2 Micro grams of Antimony 0,1 Micro grams of Arsenic 25 Micro grams of Barium 0,6 Micro grams of Cadmium 0,3 Micro grams of Chromium 0,7 Micro grams of Lead 0,5 Micro grams of Mercury 5 Micro grams of Selenium
THE DIMENSIONS AND RESISTANCE OF DETACHABLE PARTS
The dimensions of the fruits and vegetables must be :
H1 = 25,4 mm – H2 = 57,1 mm – D = 31,7 mm
The resistance of the detachable elements is controlled by the laboratory Test of torsion at 0,34 Nm – test of pulling at 90 N Falling test from 850 mm high Test of collision with 1 kg weight
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°14
REGULATION ON CANDLES LABELING
Several French and European legislation are applicable to domestic scented and non perfumed candles
European regulations:
EC Regulation No. 1907/2006 of 18 December 2006 concerning the Registration, Evaluation and Authorization of Chemicals, and Restriction of Chemicals (known as REACH) The markings provided for in Directive 1999/45/EC of 31 May 1999 on the classification, packaging and
labeling of dangerous preparations apply to candles containing dangerous substances.
The French Regulations
The candles should not be confused with a foodstuff: Decree No. 92-985 of 9 September 1992
implementing Directive No. 87-357 of 25 June 1987 on prevention of risks arising from the use of certain products imitating food applies to candles that meet several characteristics similar to a food (size, shape, color, odor, ...) likely to cause confusion (see page 12)
- Decree No. 91-1175 of 13 November 1991 on the safety of consumers in respect of certain objects
prohibits the manufacture, import, supply, sale, free distribution, ownership or lease of candle holders and decorative candle compositions do not meet the design requirements set out in Annex of this decree: "The candle holders and decorative candle compositions must be designed such that they cannot ignite or spread the flame of the candle when used under normal or reasonably foreseeable conditions of use. "
The candles must meet the general safety requirement laid down in Article L 221-1 of the Consumer
Code which provides that "goods and services must, under normal conditions or other reasonably
foreseeable conditions by the professional, offer the safety that can legitimately expect and does not affect human health. " The presumption of conformity with this obligation can be assessed on existing standards: EN 15493 -
specifications for fire safety standard, EN 15426 - test method for measuring the soot index and NF EN
15494 - Security labels and warnings
As such the following pictograms or text in French language must be present on the packaging of the
candles
Text in French Explanation in English Text in French Explanation in English
AvertissementPar exemple risque
d’incendieFor example fire risk
Non
comestible
Ceci est une bougie et
n’est pas comestible.
This is a candle and is
not edible.
Surveillance
Ne laissez jamais une
bougie allumée sans
surveillance.
Never leave a burning
candle unattended.
Ôter la
décoration
Ôtez la décoration
avant d’allumer une
bougie.
Remove the decorations
before lighting a candle.
Enfants +
animaux
Tenez toute bougie
allumée hors de portée
des enfants et des
animaux.
Keep all burning
candles away from
children and animals
Label de
qualité
Cette bougie détient le
label de qualité RAL.
This candle has the RAL
quality mark.
Distance
Disposez des bougies
allumées à une distance
minimum de 10 cm les
unes des autres.
Place lighted candles at
a minimum distance of
10 cm from each other.
Ventilation du
réchaud
Ne brûlez les bougies
chauffe-plats que dans
des contenants avec
une aération suffisante.
Do not burn the candle
warmers in containers
with adequate
ventilation.
Combustible
Ne laissez pas une
bougie se consumer à
proximité d’objets
facilement
inflammables.
Do not let a candle
burn near flammable
objects.
Brûler dans
un contenant
Utilisez un verre ou un
contenant approprié car
la bougie se liquéfie en
brûlant.
Use a glass or a suitable
container for the candle
liquefies while burning.
Courant d’air
Ne laissez pas de bougie
allumée dans un
courant d’air.
Do not leave lighted
candle in a draft.Bougeoir
Utilisez toujours un
bougeoir ou une
coupelle.
Always use a
candleholder or a cup.
Couper la
mèche
Avant d’allumer une
bougie, coupez la
mèche à 1 cm de
hauteur. Si la flamme
est trop grande ou
dégage de la suie,
éteignez la bougie et
recoupez la mèche.
Before lighting a
candle, cut the wick to
1 cm. If the flame is
too large or emerges
from the soot off the
plug and re-cut the
wick.
Couper le
bord
Si le bord de la bougie
est trop haut et que la
flamme commence à
trembler ou à produire
de la suie, vous devez
recouper le bord de la
bougie. Eteignez la
bougie et couper le
bord pendant que la
cire est chaude.
If the edge of the candle
is too high and the
flame starts to shake or
produce soot, you must
cross the edge of the
candle. Turn off the
candle and cut the edge
while the wax is hot.
N°15
26
ADDING TO THE GENERAL IMPORT PURCHASE CONDITIONS
N°15
REGULATION FOR SUNGLASSES
LEGISLATION :
Decree # 94 689 of 08/05/94 published on the Official Publication of French Government of 08/12/2004. (Transpose the European law # 89/686/CEE of the 12/ 21/1989 amended by the law # 95/95/CEE of the 10/29/93 about the prevention of risks due to the use of equipment for personal protection for sport and
leisure practice E.P.I ).
EUROPEAN STANDARDS: AFNOR : NF EN 1836 of 1997
The following documents are to be available to customs agents during their control
DECLARATION DE CONFORMITE “ CE ” /“EC” DECLARATION OF COMPLIANCE (made by the manufacturer or the person in charge of the market entry)
Modèle / Model to transpose in French on a headed paper of your company exclusively:
Raison sociale et adresse (en cas de mandataire ou de responsable de première mise sur le marché, indiquer également le raison sociale et l‟adresse du fabricant). (If you are a commercial agent or the person responsible for the first market entry, please also mention the commercial name and the address of the manufacturer
“ déclare que le modèle d’équipement de protection individuelle décrit ci-après (description : marque,
type, numéro de série etc...) est conforme au disposition du décret n : 94 689 du 05/08/94 et conforme à
la norme NF EN 1836 de 1997 ”. “declares that the equipment model of individual protection described further on (description: brand, type, serial number …) is in conformity with the conditions of the decree # 94689 of August 05,1994 and with the NF EN
1836 standard of 1997”.
Fait à , le (Place , date) Signature (nom et fonction du signataire) Signature (Signatory‟s name and function)
N.B : The Equipment for Personal Protection (EPI) “sunglasses” are classified in category 1, test can be made by internal laboratory not recognised.
MARQUAGE “ CE ”/ MARKING “CE” (EC)
Sunglasses must be “CE” marked Conformity marking “CE” is as follows.
The different elements of this marking must have the same vertical size, which can not be less than 5 millimeters. You can depart from this obligation for small size equipment.
The sunglasses must be marked in a visible and indelible way . If it is not possible due to the characteristics of the product, please mark it on the packaging.
The company name, responsible for the commercialisation in the European Union must appear on the packaging or on the sunglasses
. For the third Countries as Printemps is the importer company in France. “Printemps “must appear on the packaging or on the sunglasses themselves.