Any on-line order implies acceptance of these conditions.
Prices and VAT rates are those in effect at the date of the order.
They do not include packing and forwarding and prices may be increased subject to the requests of the buyer.
Delivery terms are always provided based upon supply opportunities at the time of the offer and are indicative only.
Any delay in delivery due to circumstances beyond the control of the seller can not cancel the order. The seller shall not be held liable for any prejudice resulting from such delay.
However, if the goods are not delivered 30 days after the indicative date of delivery for any reason other than force majeure, the sale will be canceled and the buyer will be refunded without being entitled to any additional compensation.
The seller is released automatically from any liability in case of force majeure or events such as lockouts, strikes, epidemics, war, requisition, fire, flood, accident tooling, delay in transportation or any other cause leading to partial or total unemployment of the seller or his suppliers.
The seller will inform the buyer in a timely matter of the events listed above.
Any delay in delivery due to 'force majeure' will, at the option of the seller, result in a full cancelation of the sale, or in the extension of the delivery terms, and neither party will be entitled to claim further compensation
In any event, delivery times may only intervene if the buyer has fulfilled all its obligations to the seller. Je ne comprends pas bien le but de cette phrase...
In case of a sale by provision, the seller undertakes to inform the buyer in writing of the date of delivery of the goods. The buyer agrees to take possession of the goods within 5 days of receipt of the notice. After this period, storage costs will be charged to the buyer without prejudice of any action the seller might undertake.
All transportation arrangements are the responsibility and at the expense, risk and peril of the buyer. Upon reception of the goods, the buyer is responsible to verify the quantity and the condition of the goods.
In case of damage, the purchaser must make the usual caveats about the delivery and notify the carrier within 48 hours of reception of the goods, by registered letter with acknowledgment of receipt.
Control of the delivered goods must take place within 48 hours after delivery.
Without prejudice of the actions to take vis-à-vis the carrier, the buyer must inform the seller by registered letter with acknowledgment of receipt within the time specified above about all defects or non-conformity of the delivered goods.
Past the deadline mentioned above, all claims of any nature whatsoever shall be considered inadmissible.
If the buyer expressly or impliedly waives this procedure of receipt, the goods will be deemed delivered in accordance with the order.
Defects or workmanship recognised after contradictory examination, requires the seller only to the replacement, free of charge, of the goods found defective. The buyer will not be entitled to any additional compensation.
The buyer has 14 days from the date of receipt to return the goods to the seller. Items damaged or incomplete will not be accepted and will be returned as such to the buyer, at his expense. Discounted products will not be exchanged nor refunded.
The payment may be made as follows:
on line (by adding to the access provider's invoice or credit card, either directly or through an intermediary)
In Accordance with Article L441-6 of the Commercial Code, penalties for late payment are applicable in cases where the sums due are paid after the due date of payment mentioned on the invoice.
These late fees are calculated on the basis of (for example) four times the legal rate and will result in a minimum charge of a flat fee of 100 €.
In case of a recovery litigation, the buyer agrees to pay in addition to the principal costs, expenses and fees ordinarily and legally dependent on him, a penalty of 15% of the principal amount TTC of the debt with a minimum of 300 euros as a flat fee for liquidated damages.
In case of cancellation of the sale for non-payment, the amount already paid by the buyer will be acquired by the seller.
All products - except for the collector ones - are 12 months garanteed under normal utilisation.
This warranty covers all hidden or apparent effects as from the delivery date.
The only obligation of the seller under the warranty is, at his choice, free replacement or repair of the goods found defective, without any other indemnity.
Interventions carried out under the warranty will not result in an extension of its duration.
The purchaser shall not be entitled to any additional compensation for inconvenience resulting from the application of the guarantee.
The buyer loses the benefit of the legal and contractual guarantees in the following cases:
•abnormal use or misuse of the product,
•all repairs or interventions carried out by outsiders to the seller or by non- authorised personnel by the seller or by the manufacturer, or interventions carried out without following the instructions;
Seller may suspend legal and contractual guarantees in the event of late payment, non payment or partial payment of the goods
The seller's liability is limited to repair or replacement of defective goods or goods recognized with a manufacturing defect.
The services of the seller will be able to find the alleged defects. - what do you mean exactly ?
All other express or implied warranties are excluded. No liability will be accepted for loss or damage, direct or indirect, whatever the cause.
The buyer can not make any deduction from the amount of invoices for delivery of incomplete or defective goods, for whatever reason.
Applicable Law and Jurisdiction
This contract is subject to French law.
For all disputes relating to the enforcement or interpretation of these terms, the Commercial Court of Paris (France) shall have exclusive jurisdiction, or its president , even in cases of multiple defendants.