|
Article 1 : Application of the general terms of sale (GTS)
|
|
These GTS form the basis for commercial negotiations and are systematically sent or presented to each customer so that orders can be placed. Every order placed with the company France Invendus thus implies the unreserved compliance of the customer with these GTS and the renunciation of this own terms of sale. Any contrary terms presented by the customer shall therefore, in the absence of specific acceptance, be ineffective against France Invendus regarless of the time at which they were brought to the latter’s attention. Failure on the part of France Invendus at a particular time to refer to these GTS shall not be interpreted as the company’s failure in the future to refer to any of said terms.
|
|
|
Article 2 : Orders
|
|
A valid order must state the quantity of products purchased, the agreed price and the payment terms. The order must have been accepted by France Invendus.
Order in excess of €5,000 excl. tax shall only be confirmed subject to the payment of a deposit representing 50% of the order value.
A 20% down payment may be requested when the order is placed.
The customer shall personally benefit from the order which may not be transferred without the agreement of France Invendus.
|
|
|
Article 3 : Delivery
|
|
The delivery shall be completed on the basis of a simple notice of readiness. The customer undertakes to collect the delivery within 10 days of the notice of readiness. The customer shall be required to pay storage costs upon expiry of this deadline. After a period of 30 days, France Invendus may consider that the order has been cancelled and the sale unilaterally annulled by the customer.
|
|
|
Article 4 : Penalty clause
|
|
If the customer fails to collect the goods within the required deadline after receiving formal notification sent by registered letter with acknowledgement of receipt, France Invendus shall retain the amounts received by way of compensation.
|
|
|
Article 5 : Transfer of risks
|
|
France Invendus shall bear all risks up until the collection of the goods by the customer.
|
|
|
Article 6 : Acceptance / verification of the goods
|
|
Claims relating to apparent defects or the non-conformity of the delivered product with the ordered product must be made in writing within eight days of the product delivery. The client shall be responsible for providing justification concerning the reality of the defects or anomalies identified. He shall allow France Invendus to confirm these defects so that they may be corrected and shall refrain from intervening personally or via a third party in this context.
|
|
|
Article 7 : Returns
|
|
All product returns shall be recorded in a formal prior agreement with France Invendus. The costs and risks associated with the return shall always be borne by the customer. No returns shall be accepted after a period of 7 days following the collection date. The returned goods shall be accompanied by a return slip attached to the parcel and must be in the condition in which they were provided by the supplier.
A credit note shall be drawn up for the customer for all returns accepted by France Invendus following a qualitative and quantitative verification of the returned products.
|
|
|
Article 8 : Liability
|
|
The customer shall guarantee the conformity of the products with the regulations in force in the country in which they are to be sold in addition to the regulations in force in France and Europe. The customer as a professional shall confirm the existence of any third party intellectual property rights associated with the products acquired from France Invendus.
|
|
|
Article 9 : Price
|
|
The prices of the sold goods shall be the ones in force on the order date. They shall be in euros and calculated exclusive of tax. France Invendus shall be authorised to alter the prices at any time. Any changes in VAT rates may be passed on to the product prices.
However, the company undertakes to invoice the ordered goods at the price indicated at the time of the order.
|
|
|
Article 10 : Invoicing
|
|
An invoice shall be drawn up for each order and issued at the latest at the same time as the notice of readiness.
|
|
|
Article 11: Payment
|
|
Payments shall be made by transfer or by check upon collection of the goods. In the case of payments by cheque, the goods shall not be made available until France Invendus is confident that the cheque can be endorsed. In the event of a delay or default in payment, the customer shall not be authorised to collect the goods and France Invendus may suspend all outstanding orders without prejudice to any other action.
The parties may agree to the payment being made after collection. In this case, France Invendus shall retain ownership of the sold goods until the price has been paid in full including the principal and all accessory amounts. In this context, if the customer is involved in a turnaround or bankruptcy, France Invendus reserves the right to claim back the sold, unpaid goods within the framework of collective proceedings. If the parties have agreed to a deferred payment, this shall not take place after a period of 45 days from the end of the month from the invoice issue date. Any amounts outstanding after this deadline shall lawfully incur the application of a penalty corresponding to 3 times the legal interest rate.
|
|
|
Article 12: Exports
|
|
Customers who order goods for exporting purposes undertake to remove them from French territory as quickly as possible. The customer shall provide France Invendus with confirmation by providing the latter upon receipt with the customs documents and any other relevant documents notably justifying transport charges. Otherwise France Invendus may suspend all outstanding orders without prejudice to any other action. Furthermore, in the absence of justification of the export, France Invendus shall charge the corresponding VAT to the customer.
The accessory expenses incurred in the context of the export, be they tax related or other, shall be covered by the customer.
|
|
|
Article 13: Competence / disputes
|
|
All disputes relating to the interpretation or execution of the sale shall be brought before the Commercial Court of Laval.
|
|
