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ARTICLE 1- APPLYING THE GENERAL TERMS OF SALE - APPLICABILITY
The present general terms of sale are the basis for business negotiations and shall systematically be sent or given to each buyer to enable him or her to place an order.
They shall take precedence over the conditions of purchase, except where otherwise formally accepted in writing by the seller.
ARTICLE 2 - ORDERS
To be valid, each order must contain the exact quantity and references of the products sold. Except where otherwise specifically stipulated, for the buyer, placing the order is tantamount to accepting the seller's terms of sale.
ARTICLE 3 - ORDER MODIFICATION
Any order modification or resolution requested by the buyer shall only be taken into consideration if the request is made in writing before the products are dispatched.
ARTICLE 4 - PRICES
The products shall be provided at the prices applicable at the time of dispatch, in Euros and taking account of the VAT applicable on the date the order was placed. Any change in the rate may be reflected on the price of the products. The seller reserves the right to modify its prices at any time subject to thirty days advance notice.
ARTICLE 5 – PRODUCTS
As certain of our products are hand-made, some differences may occur from one piece to another.
ARTICLE 6 - DELIVERY
6.1. Modalities
Delivery shall be made in accordance with the order and the modalities agreed upon by both the seller and buyer.
6.2. Risks
Transport-related damage
The goods shall be transported at the buyer's risk. The carrier shall be solely responsible for any damage, loss, theft or late deliveries. During delivery, the client MUST check the state of the delivered goods, indicate any specific reservations on the carrier exculpation document and confirm them with the carrier by registered mail within forty-eight hours after receiving the goods. If the goods are delivered directly to an end-user on behalf of the client, the client shall be responsible for receiving the goods and for expressing any possible discrepancy to the carrier as specified in the preceding paragraph. Where the client fails to comply with this complaint-lodging procedure, the seller shall not be held responsible for any damage occurring during transportation
Incomplete deliveries
In case of complaint concerning incomplete deliveries, the delivery shall be reconstituted and the verified weight shall be deemed valid with regard to the one indicated on the waybill.
ARTICLE 7 - ACCEPTANCE
Without prejudice to the measures to take vis-à-vis the carrier, as stipulated above, complaints about obvious defects or non-conformity of the delivered products with the products ordered or dispatch note must be lodged in writing within three days after receiving the products.
ARTICLE 8 - RETURNS
Goods may only be returned after a formal agreement between the seller and buyer. Any product returned without this agreement shall be placed at the buyer's disposal and no credit note shall be issued in relation thereto. The costs and risks inherent in returning the goods shall be borne by the buyer. Any request to return any goods must be made within a maximum of three working days starting from the recorded-delivery date. If accepted by the seller, the goods shall only be taken back on the following conditions:
The goods must be in a perfect state, must not have been used and must be returned with all their accessories and documentation, in their original package.
The packaging and transport costs to and fro shall be borne by the client.
Except in case of error attributable to the seller, this latter shall apply a 20% discount on the invoice amount for the goods, to cover the management and restocking costs.
ARTICLE 9 - REPRODUCING AND MODIFYING THE PRODUCTS
Pictures of the articles in the seller's catalogue, as well as the descriptions thereof, are given for information purposes only. The seller reserves the right to make any modifications it deems necessary on its products. The buyer shall be responsible for special items produced according to a model or design, with regard to patents and patent infringements. Returned special items shall not be accepted.
Any product order outside the catalogue shall be deemed firm and definite; these "non-catalogue” products shall not for any reason whatsoever be accepted if returned.
Any changes made to our products by procedures which transform, decorate, cut or carry out other modifications automatically release us from our responsibility as a result of the changes carried out and the effect that these may have on the strength and behaviour of the articles. The buyer who enables any transformation, decoration, cutting, engraving or any other improvement procedure releases us of our legal and criminal liability which is normally attached to the product and its use and takes on this liability with regard to third parties.
ARTICLE 10 - GUARANTEE
Exclusions
The guarantee shall not apply to obvious defects. Also excluded from the guarantee are faults and defects resulting from natural wear or from an external accident, or even from a modification of the product not planned for or specified by the seller.
ARTICLE 11 - INVOICING
An invoice shall be issued by the seller for each delivery.
ARTICLE 12 - RISKS
The buyer shall bear the risks, even in case of carriage paid sale, upon dispatch of the goods from the seller's warehouses.
It follows therefore, in particular, that the merchandise is transported at the buyer's risk. In the event of damage, loss, missing items, deterioration, partial or total destruction of the said merchandise, even in the case of a fortuitous event or force majeure, it is up to the buyer to take any precautions or carry out any recourse with the responsible carriers, in compliance with the above.
ARTICLE 13 - RESERVATION OF OWNERSHIP
In accordance with the law of 25 January 1985, amended by the law of 1 July 1996, the merchandise remains the ownership of the seller until payment in full of the notional principal amount demanded and interest has been received. The remission of draft payments or any other form of indebtedness does not constitute payment.
Our deliveries make up a whole, even if they take place at intervals or are the subject of staggered payments or if they result from several different orders. Any late payment shall incur an interest rate of three times the legal French interest rate as from the day following the payment date given in this document. The amount of interest shall be calculated in accordance with the number of days exceeding the payment date. Failure to pay any portion of the price by the buyer r in accordance with the payment periods provided in the order renders our remaining debt immediately due for payment without any formal notification or necessary procedure whatsoever being required and authorises us to suspend or cancel orders in progress without prejudice to any other recourse. Moreover, the merchandise delivered and unpaid for must therefore be returned by the buyer. In the event of disagreement between the parties over the conditions for returning merchandise, these shall be determined by a summary judgment delivered by the President of the relevant Commercial Court pertaining to our registered office.
Down payments may be retained in order to cover any losses incurred upon resale.
ARTICLE 14 - JURISDICTION - DISPUTES
Failing amicable settlement of a dispute, only the relevant Courts pertaining to our registered office shall be considered as competent to rule in the event of any lawsuit or dispute related to the form or performance of the order. This clause applies even in the event of a summary procedure, ancillary claim or multiple defendants, or activation of guarantees, whatever the methods and terms of payment. Any jurisdiction clauses which may appear on the purchaser’s documents shall not be considered as presenting an obstacle to the application of this clause.
The rights and obligations of the parties are governed by French law, notably with regard to its provisions relating to international sales.