General Conditions of Sales

Terms and conditions of sales

These terms and conditions apply to all contracts between our clients and us. Our clients accept them when placing an order, when confirming the order or at the latest when taking delivery of the goods. The present terms and conditions apply to all business relations. The client’s own terms and conditions of purchase involve us only if we have given our written consent.
The possible unvalidity of some clauses will not undermine the validity of other clauses.

Article 1 : Orders
Completion of the contract between the client and us will take place on dispatch of the goods ordered, by invoicing the order or by a written confirmation. The prices we give are always non-obligatory and without commitment until invoicing.

Article 2 : Prices
The applicable prices are the ones that are effective on the day of the delivery, tax at the current French rates are to be added. We invoice the applicable prices the day of the delivery in accordance with the agreed conditions. The prices of our different products ranges are based on the minimum quantity of the notified packaging units. We reserve the right to correct the possible printing mistake on the price list.

Article 3 : Delivery
Our deliveries are franco in Metropolitan France for orders amounting a minimum of €200. For orders lower than the above-mentionned criteria, an extra €30 will be charged for delivery. We have the right to modify the ordered quantities that are not corresponding to the packaging units notified on our product list.
Goods are generally sent within 48 h workdays in normal situation. We choose the transport type and company.
Deliveries can only be made if ourselves have been supplied in sufficient quantities and respectful of our specifications towards our suppliers. In case of force majeure, or other events independant from our will that prevent, complicate or hinder the delivery or transport, we are authorised either to cancel the contract or to postpone the delivery until the extinction of the obstacle. We have the right to do part delivery or to deliver equivalent products. Delay in delivery does not give the right to claim for compensation.

Article 4 : Transport hazards
The goods are delivered at the recipient’s own risk. In case of breakage, damages or theft during transport, we will compensate only if the transport company issues a written report. The weight and units amount recorded when sending the goods serve as evidence. The buyer bears all risks during the sending of all refused or returned goods. Damages due to transport and incomplete deliveries must immediatly be declared to the transport company.

Article 5 : Claim and guarantee
We must immediately be notified for claims concerning delivered goods. Claims are only valid if they reach us within 72 h after reception date of the delivery.
Returned goods are only accepted with our strict consent and at the client’s full charge.
In case of justified defects, the buyer can only claim for a replacement delivery under restriction of the law at ulterior enforcement. All other rights, whatever the legal grounds are, and in particular the claim at compensations following the defect, or in case of faulty breach of obligations or right to compensation for other legal grounds is dismissed, unless a gross negligence ( deliberate mistake or particularly serious negligence) can be attributed personally to us or to the person being our legal representant or our enforcement subsidiary or in case of faulty breach of basic contractual obligations hindering the completion of the contract, in case of guarantee concerning the quality of an item, in case of fraudulent silence concerning a vice, or in case of damages concerning an attack on life, personal integrity or health of an individual.

Article 6 : Payment
For new account and new client and if validated by our finance department, the first two invoices are to be paid in advance, and then we accept payment at 30 days from the invoicing date by bank transfer. If the invoice amount includes a discount, the invoice amount valid until the total payment is made, is the gross invoice amount less deduction for discount. The tax amount is increased consequently.
Our commercial agents are not authorised to cash payments. Besides, they are only habilitated to take orders complying with the principles of our trade policies. They are not allowed to reach agreements that are diverging from these principles or these general conditions, or to accept the client’s terms and conditions and payment.
In case of funded doubt regarding the solvability or the commercial integrity of the buyer ot in case of late payment, or if the buyer sells his business, if he gives up or interrupts the commercial relation due to reasons that are attributable to himself, the totality of our outstanding invoices is immediatly due for payment. If the payment takes too long, we have the right to charge interests at a rate of 10% above the basic interest rate, giving us the right to ask for higher compensation. The rates are calculated from the due date.

Article 7 : Property reserve
Goods remain our property until total payment of all our outstanding invoices resulting from our business relationship. The buyer has the right to dispose of the goods within a regular ongoing of the business relation. In case of re-sales, the outstanding invoices towards third parties are considered as being given away to our benefit at our own outstanding invoices level. It is compulsory to agree on an extended property reserve to our benefit. If asked, we must be informed of re-sales to third parties.

Article 8 : Generalities
We have the right to record, process and transfer the client’s data related to the trade and payments within the legal disposition of the French law, at Nanterre court.
However, we have the right to file against a customer to another competent tribunal, French law being only applicable.
If the manufacturing or the delivery of the sold goods are hindered due to running troubles, force majeure or other unforeseen events and independant from our will, also if they are related to one of our supplier, we are freed from our obligation to deliver. The client has not the right to use products we deliver under our brand or not, for re-sale and all kind of electronic business activities such as websites. If promotional material related to our products is given to the client, the latter must use them exclusively in context and with our products.