Our sales conditions
Article 1 - Application and opposability of the General Conditions of Sale (CGV)
These conditions cancel and replace the previously applicable conditions. Any other document issued by the seller and in particular catalogs, prospectuses, advertisements have only informative and indicative value. All purchases or orders of the products sold by the seller are subject to CGV. The buyer declares accordingly accepted expressly and unreservedly these CGVs who take place on any other document established by the buyer or any other structure in relation to the buyer. In any event, the seller reserves the right not to satisfy any request from the buyer who would be exorbitant or derogating from his GTC. The French version of the General Conditions of Sale prevails over any translation that would be made of it.
The fact that the seller does not prevail at a given moment in one of these GTCs cannot be interpreted as a renunciation of prevailing himself from any of the said conditions. The cancellation of a CGV clause will not affect the validity of the GTC as a whole.
Article 2 - Order
The sale of our products is final on the day of the acknowledgment of receipt of the order form (ARC) issued by the seller. No total or partial cancellation or quantitative or qualitative order modification can be accepted without written agreement from the seller from the sale. In the event of express acceptance on the part of the seller, any cancellation could give rise to an increase in prices priced and would generate new delivery times.
Article 3 - Delivery
3.1 Deliveries are made by deliverance to a carrier in the seller's premises. Delivery times are given as an indication according to the possibilities of supply of the seller, and the availability of the carrier. Overcomes of delay cannot give rise to damages, retained or the cancellation of current orders. The seller is authorized to make deliveries in a global or partial manner.
3.2 The seller's products, whatever the conditions of transport, travel at the risk of the buyer (see "General transport conditions"). Consequently, and without obstructing the application of the reserve clause of ownership provided for in article 8 of these, the buyer will support all the risks that the products can run or cause from the care of the products by the carrier. He will have to ensure accordingly and support the loads. In all cases, it is up to the buyer in the event of damage, missing or delay, to make clear and precise reservations on the reception document of the carrier, and to notify to the carrier by registered letter with acknowledgment of receipt, his motivated protest within three days, not included on public holidays, which follow the reception of the products.
3.3 In the event of deferred delivery at the customer's request or in the event of an order not removed by the latter, storage costs will be invoiced in addition to the price, up to 30 euros HT/week per m² of storage surface. At the end of a period of one month from the delivery date provided when taking the order, orders will be automatically invoiced to the Customer.
Article 4 - Reception
Without prejudice to the provisions to be taken vis-à-vis the carrier, complaints on apparent defects or on the non-compliance of the product delivered to the product ordered, must be formulated in writing within five (5) days of the arrival of the products.
In all cases, the Customer is required to ensure the reception of the products and to provide accordingly the personnel necessary for unloading operations. It must therefore be present at the premises and day of delivery. Otherwise no dispute can be admitted.
To this end, the Customer must countersign the reception document for the carrier.
Article 5 - Responsibility - PRODUCTS
5.1 The seller guarantees that the products comply with the French regulations in force on the day of delivery and that they have the composition indicated on their packaging or packaging.
5.2 The use of products such as or in combination with other products or goods will be made at the risk of the buyer. The Buyer obliges to store and use the products in accordance with the regulations in force and to comply with all of its legal obligations towards its own customers. The seller can in no case be responsible for defects and deterioration of the products delivered consecutive to abnormal conditions or not in accordance with the recommendations for storage, conservation and sale after the issuance of these products.
5.3 It is up to the buyer to provide any justification for the reality of vices or anomalies noted. He will have to give the seller any ease of finding the observation of these vices. In the event of a defect or anomaly duly recognized by the seller, the latter's obligation will be limited to the replacement of the defective quantities by similar products. No other compensation will not be allocated for any cause or damage whatsoever. No return will be accepted for some reasons what is without prior written agreement of the seller. Any resumption accepted by the seller will result in constitution of a credit for the benefit of the buyer after qualitative and quantitative verification of the returned products, the costs and risks of return are always the responsibility of the buyer.
In the absence of justifications as to the reality of the vices or anomalies noted, no request to have may be accepted.
5.4 In the event of an event of force majeure, in particular due to fires, floods, total or partial strikes, change of regulations, impossibility of being supplied with raw materials, rupture of energy supply, the seller will be derived as of right and without compensation from his obligation to issue from the date of events and undertakes to prevent the buyer as soon as possible.
Article 6 - Price
Our prices are those in force at the time of handling the products by the carrier Our prices can be revised subject to prior information of 10 days.
Article 7 - Payment
7.1 Invoices are payable at 30 days invoice date. Constitutes a payment within the meaning of these GTC, not the simple delivery of a trade effect or a check involving an obligation to pay, but their settlement at the agreed maturity. In the case of payment by trade effect, the lack of return of the effect will be considered as a defect in payment. A 0.6 %discount, calculated on the basis excluding tax and excluding transport costs, will be granted for early payment within 15 days of the invoice date.
7.2 Any buyer paying an invoice after the expiration of the payment period must pay to the seller a lump sum allowance for recovery costs, of an equal amount 40 euros (decree of October 2, 2012).
7.3 In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other action route. Delay penalties of a rate equal to three times the legal interest rate without being able to be less than 5% will be applied in the event that the sums due are paid after the payment date on the invoice. These penalties will only be due after formal notice.
In the event of payment defect 48 hours after a formal notice that has remained unsuccessful, the sale may be automatically resolved if the seller who may request the return of the products, without prejudice to all other damages. The resolution may aim not only the order in question but also all the previous unpaid orders whether delivered or being delivery and whether their payment is expired or not. In all the preceding cases, the sums which would be due for other deliveries or for any other cause will become immediately due if the seller does not opt for the resolution of the corresponding orders. If the recovery of the claim leads to the intervention of the external litigation service of the seller (insurance company, bailiff, lawyer, etc.) this will be increased by real costs incurred on presentation of supporting documents+ VAT on the sums due in this deduction the lump sum compensation of € 40.
7.4 The seller will have the ability, at any time, either before the execution of the contract, or during this one, to demand from the buyer a guarantee of recovery of his satisfactory claims for himself or without having to justify this decision. In the event of a lack of supply of the said guarantee, the seller may terminate the contract, without prejudice to all damages payable by the buyer, if applicable. In addition, the seller, taking into account the situation of the buyer (occasional customer, new customer, pilot customer ...), will have the option, at any time, either before the execution of the contract, or during the latter, to require the buyer of the specific payment conditions (these conditions will be specified in the single agreement).
Article 8 - Reserve of ownership
The products sold by the seller remain his property until the full payment of the prices in principal, costs, interest and accessories by the buyer. However, the risks are transferred upon deliverance. The buyer forces personally with regard to the seller not to have by any means whatsoever, neither in full ownership, nor by constituting a guarantee of the products purchased before the full payment of the price. In any event, products in stock at the buyer will be presumed to be those unpaid. In the event of resale of the products by the buyer either in the state or after transformation, the buyer undertakes to transfer to the seller the price paid by sub -buyers to the price of the products remaining to pay. In the event of a defect of payment, the seller without losing any other of his rights, may require by letter Rar the return of the products at the expense and risks of the buyer. The buyer will also bear any legal and judicial costs.
Article 9 - Intellectual property
All technical and/or commercial documents given to the buyer remain the seller's exclusive and whole property, the only holder of intellectual property rights on these documents. The buyer can only make use of brands, logos, patents or any other intellectual property right belonging to the seller only with the express, written and prior authorization. All documents transmitted, as well as their possible reproductions, will be returned to the seller on request.
ARTICLE 10 - Dutting clause of jurisdiction
In the event of a dispute, the parties will try to find an amicable agreement within 10 days of the date of occurrence of said dispute. In the absence of such an agreement, any dispute relating to the present will be the jurisdiction of the Commercial Court of Caen (France), even in the event of a warranty call or the plurality of defendants. The language of the procedure will be French.
Any order is governed by the general conditions of sale in force on the day of the order. Consequently, these conditions are likely to be modified later independently of the dissemination of prices.