These general conditions of sale apply to all offers and sales, new or used, or of services. Any order implies the automatic acceptance by the buyer of these general conditions whatever the general conditions of purchase of the buyer, which are not binding on the seller, even if they are communicated later herein. If one of the clauses of these general conditions of sale is void or canceled, the other clauses cannot be canceled. The fact that the seller does not apply at any given time any article of these conditions cannot be interpreted as a waiver of the right to invoke these general conditions of sale at a later date.
The information given in the catalogs, instructions and scales is given for information only and does not bind the seller.
OFFER - ORDER
Any offer or order, including that placed by telephone, fax or internet, must be confirmed in writing.
Offers are only valid for the specified duration. The order must mention, in particular: the quantity, the brand, the type, the references, the agreed price, the place and date of delivery or pick-up if it is other than the place of invoicing. Any addendum or modification is binding on the seller only if he has accepted it in writing. Orders taken by the seller's collaborators are only valid if they have not been denounced in writing by the seller within 30 days of their receipt. If, during a previous order, the buyer has evaded one of the obligations (default or late payment, for example), a refusal of sale may be made against him, unless that buyer provides satisfactory guarantees or cash payment. No rebate for cash or advance payment will then be granted.
SARL PRO SHOP DES SAVOIE, reserves the right to entrust the execution or partial execution of the order to a subcontractor.
The liability of SARL PRO SHOP DES SAVOIE is limited to the value of the work it has performed, cannot in any case be held liable for direct and / or indirect damage, loss of profit arising from its services. Any error or wrong way on the part of SARL PRO SHOP DES ASVOIE can only give rise to the outright replacement of the defective work without any compensation of any kind. These defective goods must be returned to us in full.
The prices invoiced are those established on the day of the order on the basis of the economic conditions in force. They are valid, unless expressly stated in the prior offer. They do not include VAT, transport not included and will be increased by VAT and any other similar taxes which become due, at the rate applicable at the time when they become due. The prices charged as well as the invoicing methods may be communicated to the buyer upon request.
Delivery is carried out in accordance with the stipulations appearing on the order, subject to compliance with the terms of payment. Deliveries are made with manufacturers' tolerances on the quantities, dimensions and characteristics relating to quality, which the buyer accepts at his risk.
The delivery of products means:
• Either by shipment to the store buyer or seller, importer, or supplier depot.
• Or, by making them available to the buyer in the store or warehouse of the seller, importer, supplier, or any other intermediary specified by the seller.
Delivery times are always communicated according to the supply possibilities at the time of the offer and are only given for information. Any delay in delivery due to circumstances beyond the seller's control will not result in the cancellation of the order. The seller cannot be held liable for any damage resulting from this delay. However, if the delivery of the products has not taken place within 30 days after the indicative delivery date, for any reason other than a case of force majeure, the sale may then be resolved at the request of one or more the other of the parties after sending a registered letter with acknowledgment of receipt. The buyer can then only claim the return of the deposit (s) paid, without any compensation. The seller is automatically relieved of all responsibility in the event of force majeure or events such as: lockout, strike, epidemic, war, requisition, fire, flood, tool accident, delay in transport or any other cause causing partial or total unemployment for the seller or its suppliers. The seller will notify the buyer in a timely manner of the above cases and events. Any delay in delivery due to a force majeure characteristic will result, at the seller's choice, either in the outright resolution of the sale, or in the extension of the delivery or provision times, without any of the parties cannot claim compensation. In any event, delivery on time can only take place if the buyer has fulfilled all of its obligations towards the seller. When the delivery is made by provision, the seller undertakes to inform the buyer in writing of the date of provision. The buyer agrees to take delivery of the products within 30 days of receiving the notice of availability. After this period, the storage costs will be invoiced to the buyer without prejudice to any action that the seller intends to take.
The mode of transport chosen by the seller is considered contractually as best suited for the delivery of the products shipped. Any divergence on this subject must be the subject of an express request from the buyer. Unless otherwise stipulated, transport operations are the responsibility and expense, at the risk and peril of the buyer, who is responsible for checking the number and condition of the products delivered upon receipt of delivery. In the event of damage or damage, the buyer must express the usage reservations on the delivery slip and inform the carrier thereof within 48 hours of receipt, by registered letter with acknowledgment of receipt.
RECEPTION - CONTROL
By express agreement, unloading at the place of delivery is carried out exclusively under the responsibility of the buyer regardless of the participation made in the loading operations by our driver or by the driver of the transporter. The control of the products delivered must take place within 48 hours of delivery. Without prejudice to the arrangements to be made vis-à-vis the carrier, the buyer must inform the seller by registered letter with acknowledgment of receipt within the time limit set above of any apparent defects or lack of conformity of the products delivered. After the deadline set above, any claim of any kind whatsoever will be considered inadmissible. The delivered products and in conformity with the order cannot be taken back, except agreement of the seller. If applicable, only returns of products listed in the current catalog and in perfect condition in their original packaging may be accepted. After qualitative verification of the returned products, a credit will be established and reduced by 20% to take account of the costs. If the buyer expressly or tacitly renounces this reception, the products will be deemed to have been delivered in accordance with the order. The lack of conformity of part of the delivery does not release the buyer from his obligation to pay for the product for which there is no dispute. Any defect or fault recognized after contradictory examination only obliges the seller to replace, free of charge, products recognized as defective, to the exclusion of any loss of operation or additional damage.
Unless otherwise stipulated, invoices are payable at the seller's headquarters without discount for early payment. If the creditworthiness of the buyer is doubtful, the seller reserves the right to make COD deliveries or to require payment in advance. Whatever the method of payment agreed between the parties, payment will be considered as made only after actual collection of the price. In the event of partial payment, this will be charged in priority to the late penalties, then to the current due dates in decreasing order of seniority. In the event of non-payment, even partial, at the due date, SARL PRO SHOP DES SAVOIE reserves the right to terminate or suspend orders and deliveries in progress. The costs of rejecting a draft or a check will be fully billed to the customer.
In accordance with article 441-6 of the French Commercial Code, late payment penalties are applicable in the event that the amounts due are paid after the payment date shown on the invoice. These late penalties are calculated on the basis of 3 times the legal interest rate, as well as a fixed compensation for recovery costs fixed by decree will be applied. If the default of the buyer necessitates a contentious recovery, the buyer agrees to pay, in addition to the principal of the costs, expenses and emoluments ordinarily and legally charged to him, an indemnity fixed at 15% of the principal amount including tax. of the receivable with a minimum of 100 euros, as conventional and fixed damages. In case of resolution of the sale for non-payment, the sums paid by the buyer will be purely and simply acquired by the seller.
In the event of total or partial non-payment of an order on the due date, the sums due under this order or other orders already delivered or in the process of delivery will be immediately payable after formal notice.
RESOLUTIONARY SALE CLAUSE
Any order is accepted in consideration of the legal, financial and economic situation of the buyer at the time of the order. As a result, if the buyer's financial situation deteriorates between the date of the order and the date of delivery, the seller would be justified in either demanding payment before delivery or terminating the sale. In the event of failure to comply with only one of these conditions, the seller will send a formal notice by registered letter with acknowledgment of receipt. Failure by the buyer to fulfill its obligation within one month of sending this notice, the sale will be automatically canceled if the seller so chooses.
WARRANTY - EXTENDED
Products sold benefiting from the manufacturer's guarantee. This warranty covers all hidden or apparent defects from the date of delivery. The only obligation incumbent on the seller under the warranty is, at his option, free replacement or repair of products recognized as defective by the manufacturer, without any other benefit or compensation. Interventions carried out under the warranty cannot have the effect of extending its duration. The buyer cannot claim any compensation in the event of the product being immobilized due to the application of the warranty.
WARRANTY - EXCLUSION
The buyer will lose the benefit of the legal and conventional guarantees, in particular in the event of:
- Abnormal or improper use of the product;
- Repairs or any interventions carried out by persons foreign to the seller or not approved by him or by the manufacturer, or if these interventions did not comply with the instructions.
The seller may suspend the legal and conventional guarantees in the event of delay or total or partial non-payment of the price of the product.
WARRANTY - LIMITS
The seller's responsibility is limited to the repair or replacement of products recognized as defective or having a manufacturing, labeling or packaging defect. The seller's services will be able to find the alleged defects. All other express or implied warranties are excluded. No responsibility will be accepted for loss or damage, direct or indirect whatever the cause. In no case may the purchaser claim, for any reason whatsoever, to make any deduction from the amount of invoices corresponding to an incomplete delivery or relating to defective products.
RETENTION OF TITLE CLAUSE - TRANSFER OF RISKS
The products will remain the property of the seller until the effective payment of the full price in principal and accessories, under the terms of the law of 12 May 1980. Non-payment, even partial, of any of the installments may lead to product claims; The right to claim is exercised even in the event of receivership or compulsory liquidation of the buyer, both for damages suffered by the products and those caused to third parties. The return of the products will be made at the buyer's expense and risk; in the event of implementation of the retention of title clause, the deposits paid to the seller will remain with him as damages.
ATTRIBUTIVE CLAUSE OF JURISDICTION
Any dispute of any kind whatsoever, relating to our sales, will be the exclusive jurisdiction of the Commercial Court of Annecy, even in the event of a plurality of defendants. However, we reserve the right to sue in the courts of the defendant's domicile. All sales concluded by SARL RPOS SHOP DES SAVOIE are subject to French law.