Any order of products, whether standard or promoted, means the knowledge and acceptance by Buyer and without reservation of Seller’s general conditions of sale. They cancel all other conditions previously issued.
These general conditions include tariffs, this text and the annexes. Unless it is accepted in advance and in writing by Seller, no special condition may prevail over the General Conditions of Sale.
Any condition proposed by Buyer shall, in the absence of express acceptance, be unenforceable against Seller, regardless of when it may have been brought to its attention.
The placing of an order by the Purchaser necessarily implies its relinquishment to invoke its possible General Conditions of Purchase or to invoke any provision contrary to these Conditions.
Orders, delivery times
Requests are final and binding, and no cancellation or modification shall be possible unless Seller has previously agreed in writing. Unless it is demonstrated that Seller is canceling, any advances made will remain purchased by Seller as damages.
Only orders containing the following information will be executed: surname, name, customer email, telephone number, delivery address, order date, product description, quantities, applicable price, total order value.
Orders are enforceable within a minimum of 5 business days (excluding Saturdays, Sundays and holidays) upon receipt by Seller. This period is extended to 10 business days for international orders.
These delivery times are given as an indication. Possible delays can not motivate any compensation, refusal of merchandise or cancellation of the order.
Seller agrees to inform Buyer of any unavailability of the product, whether temporary or durable, this unavailability makes any delivery time irrelevant.
Any non-compliance with the terms of delivery by the Buyer implies the Seller’s right to invoice the Buyer for the waiting time of the carrier.
In order to be admissible, any litigation on account of the condition of the goods must be the subject of reservations recorded in the delivery note, signed by the consignee and countersigned by the deliverer.
Seller reserves the right to suspend deliveries after the occurrence of any event that may reveal a decrease in the Purchaser’s apparent solvency.
If Buyer loads goods into Seller’s premises, transportation is performed at Buyer’s risk and without exception, and notwithstanding the terms of the Article on the Withholding Clause. In the case of circular goods accompanied by tax or customs documents, if such documents are not returned in good time, the Buyer shall reimburse the Seller for all sums which Seller may have to bear, including taxes and charges.
To prepare the collection requests, the seller must have received the commitment confirmation 7 business days before the withdrawal date. Carriers must comply with the safety protocol in force at the place of collection.
Consequences of Buyer failure to comply with the conditions of removal: billing a fine of 50 € HT per charge for a delay of more than 1 week refusal of charges for pick-ups without commitment or not corresponding to the date specified in the order.
Rates are for online payment (Paypal / Bank Card) and payment by check.
They can be modified at any time, in accordance with a 24-hour notice, unless the current tax system is modified.
No discount is granted for prepayment unless expressly agreed otherwise.
Rates include specific conditions depending on the geographical area of delivery.
Any order available in one place and in one place must have at least one product.
All payment documents (promissory notes, L.C.R., checks, etc.) must be received by Seller until the due date indicated on the invoice.
Consequences of any non-payment in whole or in part, on the date of payment indicated on the invoice:
Immediate liquidation of all outstanding amounts, regardless of settlement method and deadline.
Payment as a penalty indemnity clause equal to 100% of amounts owed and not paid, including any legal and extrajudicial expenses, including fines and bank charges, when applicable. This clause shall apply without the seller having to justify the extent and nature of the damage.
Indemnity, principal amount plus interest, costs and accessories, with all credits, credits, rebates, rebates, rebates or rebates and, more generally, any sums that the Seller owes to Buyer in any capacity. either.
Suspension of any delivery until full payment.
The termination of any contract or any order in progress after the payment notice made, by letter R.A.R., remained ineffective.
Loss of discounts, rebates, rebates, possibly granted by the seller but not yet settled,
Cash payment for deliveries of both orders after the date the payment was deemed appropriate.
Any unilateral deduction by the Purchaser on one of its payments would be considered as a standard and may result in all of the above consequences.
The invoice shall be drawn at the rate applicable to the geographical area of delivery in force on the date of delivery. The invoice is established according to the current taxation and will be modified automatically in case of modification of this.
Any return accepted by the Seller or unavailability of the ordered product communicated by Seller will result in the constitution of a credit for the benefit of the Buyer, this credit being in no way an acceptance by Seller of any penalty or damage whatsoever.
Reservation clause of property
All goods remain the property of the seller until full payment of the price.
It is specified that, for full payment of the price, Seller intends to collect the payment order effectively and not the delivery of a security that creates a payment obligation.
In case of payment for benefits, there is only full payment after payment of all deadlines.
Any extensions of terms that may be granted will be subject to the same title retention.
The risks of loss or deterioration of the goods, as well as liability for any damage they may cause, are transferred to the Buyer after delivery of the goods. The buyer must insure them on behalf of the seller and at his expense.
Goods shall be used or resold by Buyer in the chronological order of Seller’s deliveries. As a result, goods in stock at Buyer will be deemed to be related to Seller’s unpaid invoices. The return of goods belonging to the Seller under this clause will be at the Buyer’s risk and expense. In this case, the seller reserves the right to claim the goods in the hands of all sub-buyers.
In the case of resale, the claim may be made on the price of the goods or any corresponding claim, even in the hands of any holder or assignee, the Buyer agreeing to assist Seller in the recovery of such claims. with sub-buyers.
In all cases, Seller is subrogated to Buyer’s rights in respect of any sums or indemnities that may be due to Buyer for any reason, including insurance, up to the price of goods delivered and not yet paid.
Seller’s contractual obligations are automatically terminated and Seller’s liability is released in the event of events that may interrupt or reduce the manufacture, transportation of goods or prevent the normal execution of sales. Likewise, the liability of the seller can not be contracted in the case where the products sold are stored under abnormal conditions or incompatible with their nature.
Seller’s warranty is limited to replacement of defective goods, excluding all damages and interests, for any reason, including loss of material, loss of profits, etc. and, in general, for any alleged, direct or indirect damage. indirect, the buyer before, before using or resale, check the goods.
To ensure the quality of its products and preserve its brands, Seller has the right to return, whenever the quality of the products is in doubt, the Buyer is committed to help, especially logistics and establishment of a stock.
Settlement of disputes
Any claim of Buyer over sums that the Seller may owe to him for any reason shall be notified by the LRAR no later than 1 month after the calendar year for which the amount is claimed. Otherwise, the claim is not receivable.
In case of dispute in the interpretation and / or execution of this, the Commercial Court of Montpellier is granted the applicable law, being French law.
Industrial and commercial property
The sale of the products does not confer any rights on the marks or distinctive signs affixed to those products.
Buyer’s performance of any advertising message or promotional operation including the marks or distinctive signs affixed to Seller’s products is subject to Seller’s prior written consent.
The seller reserves the right to refuse the transmission of advertising messages that are derogatory or harmful to their brands.
When the buyer loads the seller’s products, the buyer undertakes to use only photos and logos transmitted by the seller, whose prior written consent is required.