All orders implies full acceptance full of these terms and conditions conditions terms and conditions.
Yes, at a previous order, the buyer evaded one of the from its obligations (fault or delay settlement, by example), a refusal to sell may be opposed, unless the buyer provided satisfactory guarantees or cash payment. No rebates for cash or advance payment do not will not be granted.
The prices billed are those established on of date of order.
They get along outside VATexcluding transport and will be increased by the VAT and/or from all other taxes similar which would become required, at rate applicable at the time from their due date.
The delivery is made in accordance with the stipulations on the ordersubject to subject to compliance of terms and conditions of payment terms.
Deadlines from delivery times are always communicated according to supply possibilities at time of time of offer and are given only as an indicative.
Any delay in delivery due to to circumstances beyond will of the seller’s will not result in cancellation of the order. The seller cannot be held liable for any loss resulting from this delay.
However, if the goods have not been delivered 15 days after the date indicative deliveryfor any cause other than a case from force major, the sale can then be resolved to the at the request of either from parties after shipping a registered letter with notice of reception. The buyer will then only be entitled to the return of the advance payments without further compensation.
Visit seller is free from full right from any liability in case from force major or events such as: lock-out, strike, epidemicwar, requisition, fire, floodtooling accident, transport delays or any other cause leading to a unemployment partial or total for seller or its suppliers.
The vendor will inform the buyer in a timely manner of cases and events abovelisted above.
All delay of delivery due to an event feature from force major will lead to, at the seller, or the pure and simple resolution of the sales, or the extension of DELIVERY DEADLINES or set to and this without either party being able to pretend compensation.
In all hypothesisthe delivery on time do can only be used if the buyer has fulfilled all its obligations à towards from seller.
When the delivery takes place by making available, the seller commits à inform the buyer by written date of availability, The purchaser undertakes to take delivery of from goods within 15 days following receipt from the notice for available. After this period, storage costs will be invoiced. à the buyer without prejudice to any action will hear lead the seller.
Visit chosen mode of transport by the seller is contractually considered as the best adapted à routing from goods shipped. All disagreement on this subject must go to the object a request express from the buyer.
Unless otherwise stipulated opposite, visit operations from transport are the load and at costs, risks and perils from the buyerwhich is responsible for check à receipt of the delivery the number and asset condition delivered. Visit case of damage or loss, the buyer must issue reserves on the delivery note and inform the carrier within a reasonable time. visit 24 hours later the reception, by letter recommended with acknowledgement from reception desk.
The control of delivered goods must take place within 24 hours following the delivery.
Without prejudice to the provisions à take screws-à– of the carrier, the buyer must inform the seller per letter recommended with acknowledgement from timely receipt fixed above of all fault apparent from goods delivered: cartons defective (damaged, open), bottles broken.
Past the deadline set hereaboveany claim of any nature whatsoever will be be considered inadmissible.
If the buyer expressly waives or tacitly waives such acceptance, the goods will be deemed delivered in accordance with the order.
All recognized defect after examination contradictory obliges the seller than replacementfree of chargeof goods found to be defective, to the exclusion from any loss operating or prejudice complementary.
Unless otherwise stipulated, the invoices are payable at the seller’s registered office 30 days from invoice without discount.
At of entry into relations, the seller reserve the right to visit first cash-on-delivery deliveries or require a payment in advance. What whatever the method of payment agreed between visit parts, the payment do will be considered as realized only after effective receipt of the price.
In case of from payment partialthe-here will be charged first on penalties late, then on the maturities current by order seniority decreasing.
In the event of non-payment, even partial, on the due date, the seller reserves the right terminate or suspend the orders and deliveries orders.
In accordance with the article L441-6 du Code penalties for late payment are applicable in cases where the sums due are paid after the date of payment shown on the invoice. These penalties delay are calculated on the basis of (by example) 6 times the legal.
If the deficiency from the buyer makes it necessary collection, the purchaser undertakes to pay, in costs in addition to the principal, costs and emoluments ordinarily and legally à its an indemnity of 10% of the principal amount, including tax, of the the receivable with a minimum of 50 euros and thisfor liquidated damages.
In case the sale is cancelled due to non-payment, the sums paid by the buyer will be purely and simply acquired by the seller.
Visit case from no–payment total or partial an order à maturity, visit are due for from this command or others orders already delivered or on delivery will be immediately payable after in default.
RESOLUTORY SALES CLAUSE
All accepted in consideration of the situation financial and economic situation of the buyer at at of the order. As a result if the financial situation from the buyer came à deteriorate between the date from ordering and date delivery, the seller would be foundedor to demand a payment before delivery, or to cancel the sale.
In case of non-performance of any of the present conditions, the seller will send the debtor a formal notice by registered letter with acknowledgement receipt. By default performance, by the buyerof sound obligation in the deadline a months from of shipment of this formal notice, the sale will be resolved from full right if pleases the seller.
RETENTION OF TITLE – TRANSFER OF RISK
The will remain the property of property of the seller until payment in full of the price in principal and accessories, in the terms of the Law of 12 may 1980.
The non-payment, even partial, of any of may result in the claim goods. Visit right of claim even in the case of in the event of receivership or compulsory liquidation of the buyer. In case of of claim, the sale will be terminated right.
By notwithstanding article 1583 of the French Code Civilthe delivery of goods transfer of risk à the load of the purchaser, both for damage sustained by goods that those caused to third parties.
The return of goods will be made at the expense and risk the buyer.
In case of of the Retention of Title Clause Property, the advance payments paid to the seller will be forfeited à as damages and damages.
APPLICABLE LAW AND JURISDICTION
For all disputes relating to à performance or interpretation of these conditions, only will be competent the court of trade of Draguignan (Var) or sound president in summary proceedings, even where there is more than one defendants.