GENERAL CONDITIONS OF SALE
All orders placed by our clients imply their entire and unconditional agreement with the present General Conditions of Sale, irrespective of any clauses that may be contained in their own documents. No specific and individual condition, excepting our pre-existing written acceptance, may countermand these conditions. Any opposing condition proposed by the client will therefore be, by definition, invalid. The goods which form the content of the order must be sold in the shop for which they have been specifically ordered.
The supplier reserves the right to modify, at any time, any one or several of the clauses I, II, III, IV and/or V of the general conditions of sale. In the case of dispute, the only court competent to judge this is the Paris Commercial Court, le Tribunal de Commerce de Paris.
I - ORDERS
All orders received by our representatives constitute a formal order binding on the customer. However the parties concerned reserve a period of fifteen days during which the said order may be cancelled or a modification brought to the attention of the co-contracting party. Once this period has elapsed the order is totally binding on all parties.
II - DELIVERIES
Delivery dates are given only as a general indication. The dispatch of goods will take place “delivered duty paid”. No complaint regarding non compliance or any other cause whatsoever will be entertained beyond a period of 48 hours from the receipt of the goods, as stated on the delivery docket which is the exclusive reference. If and when authorized, any return of goods must be carried out by the supplier’s nominated transport contractor ; if this condition is not met, the supplier cannot be held liable for any expenses incurred.
III - PAYMENT
Payment for all goods received takes place only through direct bank transfer using the suppliers’ bank codes as indicated on the billing. The start of the payment period is defined by the material delivery of the goods to the buyer. The payment periods are :
60 days net for start of season orders ; 30 days net for re-orders . Payments made to our representatives or agents do not have an effect of discharge.
IV - PAYMENT INCIDENTS
Late payment penalties are due on all sums remaining due at the contract deadline. The annual interest rate on these penalties is 12% (twelve percent), following article 121-II of the 22nd March 2012 law, a standard charge of 40€ (forty euros) is payable for debt recovery in the case of late payment. All contentious procedures for the recovery of funds will automatically carry with them late payment interest, an increase of 15% without prejudice for the compensation as laid out in the article 700 of the French Code (N.C.P.) of Civil Procedure.
V - RETENTION OF TITLE CLAUSE
The suppliers reserve to themselves the ownership of the goods up to the full receipt of payment (principal and interest). In the event of failure to complete payment by the agreed deadline the supplier may reclaim the goods and the sale will take place automatically if the supplier so judges. Any deposits paid will revert to the supplier as compensation. The client is responsible for the Goods : there is a specific commitment to insurance cover by the buyer as of receipt, the said insurance to cover loss, theft, and destruction.
SPRING COURT • SOCIÉTÉ TH. GRIMMEISEN • 5, PASSAGE PIVER, 75011 PARIS • FRANCE
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