TERMS AND CONDITIONS
TERMS OF SALES
Clause n ° 1: Object and scope
These general conditions of sale (GTC) constitute the basis of commercial negotiation.
The general conditions of sale described below detail the rights and obligations of the company ... (company name) and of its customer in the context of the sale of goods from this website.
Any acceptance of the quote / order form including the clause "I acknowledge having read and accept the attached general conditions of sale" implies the buyer's unreserved acceptance of these general conditions of sale.
Clause n ° 2: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated all taxes excluding transport costs. Consequently, they will be increased by the transport costs applicable on the day of the order.
The company ... (corporate name) grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n ° 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company ... (corporate name) would be required to grant given its results or the assumption by the buyer of certain services.
Clause n ° 4: Discount
No discount will be granted in the event of early payment.
Clause n ° 5: Terms of payment
Orders are paid for:
either by check;
either by bank card;
Payment upon validation of the order
Clause n ° 6: Late payment
In the event of total or partial non-payment of the goods delivered when due, the buyer must pay the company ... (corporate name) a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
From January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause n ° 7: Termination clause
If within the fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company ... (company name).
Clause n ° 8: Retention of title clause
The company ... (corporate name) retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or judicial liquidation, the company ... (corporate name) reserves the right to claim, within the framework of the collective procedure, the goods sold. and remained unpaid.
Clause n ° 9: Delivery
Delivery is made:
either by the direct delivery of the goods to the buyer;
either by sending a notice of availability in store for the attention of the buyer;
or by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
the award of damages;
the cancellation of the order.
The risk of transport is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must formulate all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post sent to the company.
Clause n ° 10: Force majeure
The responsibility of the company ... (company name) cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n ° 11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court ... (place of the registered office).