ARTICLE 1 – OBJECT AND SCOPE
Any order of products entails the acceptance without reserve by the buyer and his full and whole adhesion to the present General Conditions of Sale which prevail over any other document of the purchaser, and in particular on all general conditions of purchase, except specific agreement prior to the order agreed in writing between the parties.
ARTICLE 2 – ORDERS AND OFFERS
2.1. They are executed in order of receipt.
2.2. Any order sent implies the acceptance of our general conditions of sale and the customers renounce to use different clauses written on their own documents.
2.3. The customer agrees with us as soon as we receive his order, which can not be canceled. Orders are registered without obligation to deliver them complete at one time.
2.4. In all cases of change of situation of the buyer, we reserve the right to cancel the orders in progress or to require guarantees.
2.5. Any request to change the composition or volume of an order by a customer must be made in writing including fax, or email, no later than eight (8) days after receipt by our Company of the initial order and will result in case of acceptance a new delivery period.
ARTICLE 3 – DELIVERIES
3.1. DEADLINES
3.1.1. The deadlines are indicative and without liability, given the risks and unforeseen manufacturing. By express agreement between the contractors, any delay that may result from exceptional circumstances or beyond our control, is considered as force majeure. A delay in delivery can not give rise to the payment of compensation or the refusal of the goods.
3.1.2. In case of deposit to be paid to the order, the stipulated delivery time will run only from the receipt of the deposit, which entails final acceptance of the order.
3.2. PACKAGING AND TRANSPORT
3.2.1. Unless otherwise agreed, packaging is determined and prepared by our Company. They are not taken back.
3.2.2. The goods always travel at the risk of the recipient regardless of the method of sending, even free, and any special conditions. The carrier being solely responsible for their routing, customers are required to carry out checks, reservations and procedures of use (registered letter with acknowledgment of receipt within 48 hours) from the carrier in case of delay, missing, deterioration or any dispute . A copy of this letter should be sent to us.
3.3. RECEPTION
3.3.1. No claim against the shipment is allowed if it is not produced in writing within 8 days of receipt of the goods. A defective or missing part of the delivery can not justify the total rejection
3.3.2. Unless otherwise agreed, delivery delays shall not lead to cancellation or modification of the contract. They can not give rise to damages. The penal clauses appearing on the commercial documents of our customers are unenforceable.
3.3.3. When after checking an apparent defect or a missing one is found by our Company or his representative, the customer will be able to ask to our Company only the replacement of the non-conforming articles and / or the complement to bring to fill the missing ones with our expenses, without that the customer can claim any compensation or the resolution of the order.
3.3.4. The unreserved receipt of the products ordered by the customer covers any visible and / or missing defects.
Any reservation must be confirmed under the conditions set out in Article 3.2.2.
3.3.5. The claim made by the purchaser under the terms and conditions described in this article does not suspend the payment by the customer of the goods concerned.
3.4. SUSPENSION OF DELIVERIES
In the event of non-payment in full or in part of an invoice that has expired, after formal notice that remains ineffective within 48 hours, our Company reserves the right to suspend any delivery in progress and / or to come.
3.5. CASH PAYMENT
Our Company may make the acceptance of the order or the continuation of its execution subject to a cash payment or the provision by the customer of guarantees. In case of refusal of cash payment, without any sufficient guarantee being proposed by the customer, our Company may refuse to honor the order (s) passed (s) and deliver the goods concerned, without the customer can argue an unjustified refusal to sell, or claim any compensation.
3.6. RETURNS
No return of goods can be made by the customer without the prior written agreement, obtained in particular by fax or email, from our Company, which will be the only one authorized to choose the carrier.
The return costs will be borne by our Company only in the event that an apparent defect, or missing items, is actually noted by our Company or its agent.
ARTICLE 4 – RESERVATION OF PROPERTY
The seller retains ownership of the goods sold until the actual payment of the full price in principal and accessories. Failure to pay on any of the due dates may result in the claim of these goods. The buyer nevertheless assumes from the delivery, within the meaning of the paragraphs “Delivery times” and “Expeditions” above, the risks of loss or deterioration, as well as the responsibility of any damage that they may cause.
ARTICLE 5 – PRICES AND TERMS OF PAYMENT
5.1. PRICE
5.1.1. Deliveries are billed according to the conditions in effect on the day of shipment. Prices are delivered without commitment subject to any fluctuation of prices or taxes, and may change without notice, depending on economic circumstances.
5.1.2. Price increases are announced one month before their application and apply to offers and orders in progress.
5.1.3. Unless otherwise expressly stipulated, our prices do not include delivery charges, which are invoiced in addition, and indicated before the validation of the order.
5.1.4. Metropolitan France postage of 20 euros.for any order lower than 800 euros HT (except for the miroiterie, glassware and trash).
5.2. NON-PAYMENT
In accordance with Article L441-6 of the French Commercial Code, any delay in payment will result, if it seems to the supplier, and from the first day of delay:
– the application of a late interest rate equal to the most recent refinancing rate of the European Central Bank plus ten points (law of modernization of the economy – LME – N ° 2008-776 of August 4, 2008);
– the application of a lump sum indemnity for recovery costs of 40 euros (European directive 2011/7 of 16 February 2011, law 2012-387 of 22 March 2012, and decree 2012-1115 of 2 October 2012 );
– when the recovery costs incurred exceed the amount of this lump sum compensation, additional compensation, upon justification.
In the event of late payment, a cash payment may be required in lieu of the conditions in force.
We do not accept any debit, only our assets have legal value.
In addition, our Company reserves the right to refer the matter to the competent Court so that it can stop this non-performance, under daily penalty per day of delay.
ARTICLE 6 – PHOTOGRAPHS AND DRAWINGS
The photographs, drawings or diagrams, not contractual, are given for documentary without commitment and can be modified without notice. We reserve the right to make any changes in our shapes and sizes without notice to our products, and without this being a cause for complaint. It is the same for all mentions, dimensions, information on our various documents, catalogs, notices, tariffs, websites, which can be modified or deleted at any time without notice.
ARTICLE 7 – APPLICATION OF GUARANTEES
The warranties are limited to the replacement or repair of parts found defective after finding in our workshops in France, excluding any costs for damage, disassembly, transportation or other compensation whatsoever. The costs of labor and reshipment to our workshops are not at our expense.
ARTICLE 8 – FORCE MAJEURE
Are considered as cases of force majeure rendering impossible the execution of the contract of sale by one or other of the parts, any event, any unforeseeable circumstances, irresistible and insurmountable. By extension, are assimilated to cases of force majeure when they paralyze the execution of the contract, the following circumstances: strikes, lockout, shortage of raw material, fact of the prince, fire attack, flood, the war, stops of production due to accidental breakdowns, epidemics, thaw barriers, roadblocks, strikes or breaks in the supply of electricity or gas, or breaks in supply for a cause not attributable to our Company, as well as any other cause supply disruption attributable to our suppliers.
In such circumstances, our Company will notify the customer in writing, including by fax or e-mail, within 48 hours of the date of occurrence of the events, the contract binding our Company and the customer then being suspended by right without compensation, to from the date of occurrence of the event, until its termination If the event was to last more than thirty (30) days from the date of occurrence, the sales contract concluded by our Company and his client may be terminated by the most diligent party without any of the parties being entitled to claim damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing said sales contract.
ARTICLE 9 – JURISDICTION AND APPLICABLE LAW
All the clauses contained in these General Conditions of Sale, as well as all the operations of purchase and sale which are aimed at, are subjected to the French right, the application of the Convention of VIENNE on the international sale of the goods being expressly excluded. By express agreement, all disputes relating to the formation, execution and termination of contractual obligations between the parties are subject to the jurisdiction of the Commercial Court of PARIS in the jurisdiction of which the seller’s registered office is located, whatever the conditions may be. of sale and method of payment accepted, even in the event of a warranty claim or multiple Defendants, the seller reserving the right to refer the matter to the jurisdiction of the buyer.
Reproduction prohibited without written permission.
