Article 1: Application of the general conditions of sale (GTC)
These T&Cs form the basis of commercial negotiations and are systematically sent or given to each customer to enable them to place an order. Any order placed with the company France Invendus therefore implies the customer's unreserved acceptance of these GCS and the waiver of its own conditions of purchase. Any contrary condition opposed by the customer will therefore, in the absence of express acceptance, be unenforceable against France Invendus, regardless of when it may have been brought to its attention. The fact that France Invendus does not avail itself at a given time of these GCS cannot be interpreted as a waiver of the right to subsequently avail itself of any of the said conditions.
Article 2: Orders
To be valid, the order must specify in particular the quantity of the products purchased as well as the agreed price and the terms of payment. This order must have been accepted by France Invendus
Orders over €5,000 excluding VAT are only final after payment of a deposit representing 50% of the value of the order.
The benefit of the order is personal to the customer and cannot be transferred without the agreement of France Invendus.
Article 3: Delivery
Delivery is made by simple notice of availability. The customer undertakes to carry out the removal within 10 days of the notice of availability. At the end of this period, the customer must pay the storage costs. After 30 days, France Invendus may consider that the order is canceled and the sale unilaterally resolved by the customer.
Article 4: Penalty clause
If the customer fails to collect the goods within the time allowed, and after formal notice sent to him by registered letter with acknowledgment of receipt, the company France Invendus will retain the sums received as compensation.
Article 5: Transfer of risks
France Invendus bears the risks until the removal of the goods by the customer.
Article 6: Reception-control of the goods
Complaints on apparent defects or on the non-conformity of the product delivered with the product ordered, must be formulated in writing within eight days of the delivery of the products. It will be up to the customer to provide any justification as to the reality of the defects or anomalies observed. He must allow France Invendus every facility to proceed with the observation of these defects in order to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose. With regard to the quality of the articles and the quantities of articles in the packages, it being understood that FI is not responsible for the storage conditions in the customer's warehouse, no complaint will be accepted after a period of 8 days from from the date of delivery.
It is up to the customer to ensure that the products comply with the regulations in force in the country in which he intends to sell them, including regulations on French and European territory. The customer in his capacity as a professional, ensures beforehand the availability of any Intellectual Property rights of third parties attached to the products acquired from the company France Invendus.
The customer who orders goods for export undertakes to have them leave French territory as soon as possible. In order to certify this, the customer must provide France Invendus, upon receipt, the customs documents as well as any other supporting document, in particular the transport invoices. Incidental export costs, whether fiscal or otherwise, are the responsibility of the customer.
Article 7: Returns
Any product return must be subject to prior formal agreement from France Invendus. The costs and risks of return are always borne by the customer. No returns will be accepted after a period of 7 days following the date of collection. The returned goods are accompanied by a return note to be attached to the package and must be in the state in which the supplier made them available.
Any return accepted by France Invendus will result in the establishment of a credit note for the benefit of the customer, after qualitative and quantitative verification of the returned products.
Article 8: Liability
It is up to the customer to ensure that the products comply with the regulations in force in the country in which they are intended for sale, except for France, the products complying with the French regulations in force. The customer in his capacity as a professional, ensures beforehand the availability of any Intellectual Property rights of third parties attached to the products acquired from the company France Invendus.
Article 9: Price
The price of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding taxes. The company France Invendus grants itself the right to modify its prices at any time. Any change in the VAT rate may be passed on to the price of the products.
However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Article 10: Invoicing
An invoice is established for each order and is issued at the latest at the same time as the notice of availability.
Article 11: Payment
Payment is made by bank transfer or check prior to the removal of the goods. In the event of payment by cheque, the goods cannot be made available before France Invendus has ensured that it is possible to endorse the cheque. In the event of delay or defect, the customer will not be able to remove the goods and France Invendus may suspend all orders in progress, without prejudice to any other course of action.
The parties may provide that the settlement will take place after removal, in which case France Invendus retains ownership of the goods sold until full payment of the price, in principal and incidentals. As such, if the customer is subject to receivership or judicial liquidation, the company France Invendus reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid. In the event that the parties provide for deferred payment, this cannot take place after a period of 45 days from the end of the month from the date of issue of the invoice. Any amount not paid by this due date automatically entails, from the following day, the application of a penalty of an amount equal to 3 times the legal interest rate.
Article 12: Export
The customer who orders goods for export undertakes to have them leave French territory as soon as possible. In order to certify this, the customer must provide France Invendus, upon receipt, the customs documents as well as any other supporting document, in particular the transport invoices. Failing this, France Invendus may suspend all orders in progress, without prejudice to any other course of action. In addition, in the absence of proof of the reality of the export, France Invendus will invoice the customer for the related VAT.
Incidental export costs, whether fiscal or otherwise, are the responsibility of the customer.
Article 13: Jurisdiction – dispute
Any disputes relating to the interpretation or execution of the sale will be brought before the Commercial Court of Laval.