Article 1 – Scope
Placing an order implies full and unreserved acceptance by the purchaser of these general conditions of sale. All prospectuses, catalogues and communication of prices are only indicative and may in no case modify the conditions of sale established between the buyer and the seller. No particular condition can, except with the formal and written acceptance of the seller, prevail against the general conditions of sale. Any contrary condition imposed by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention.
Article 2 – Acceptance of order
Orders are only final after written or oral confirmation from the sales representatives or the sales department of the company. The benefit of the order is personal to the buyer and cannot be transferred without the prior consent of the seller. The packaging is not taken back by the seller. However, the pallets on which the goods are delivered remain the property of the seller.
Article 3 – Modification of order
Any modification or cancellation of an order requested by the purchaser can only be taken into consideration if it is received in writing at least one clear day before the scheduled dispatch date. No return of goods will be accepted without prior authorisation from our house. If accepted by us, the return costs will be borne by the customer.
Article 4 - Transport
Except for goods sold ex warehouse, the transport of the seller's products is carried out by the seller or by a carrier of his choice to the place of delivery.
Article 5 - Delivery
5-1 – Delivered items
The seller reserves the right to make any modification at any time that it deems useful to its products and without obligation to modify products previously delivered or in the process of being ordered. He will notify the buyer by written or oral confirmation.
5-2 - Delivery times
Deliveries are only made according to availability and in the order that orders are received. The seller is authorised to make total or partial deliveries. Exceeding the delivery time may not give rise to damages, deductions or cancellation of orders in progress. In any event, delivery within the timeframe agreed between the buyer and the seller can only be effective if the buyer has no late payment, and is up to date with his obligations.
5-3 – Damage
We remind you that in the event of damage, you must advise us by registered letter within 48 hours.
Article 6 - Retention of title
In accordance with the clause relating to retention of title under Law No. 80.335 of 12 May 1980, the delivered goods remain the property of the seller until full payment is made, receivership or liquidation of the customer not being able to modify the first clause.
Article 7 - Prices
All our prices are in Euros excluding taxes from Irancy, packaging included. The prices are fixed either on the basis of the rates in force or on the basis of sales confirmations established by the seller and the legal provisions in force on the day of invoicing.
Article 8 - Terms of payment
The date payment is due is shown on the invoice. If a due invoice is not even partially paid, the seller will demand a late payment penalty equivalent to one and a half times the legal interest rate. In addition, the seller may suspend all pending orders, without prejudice to any other course of action. In the event of non-payment, 48 hours after an unsuccessful formal notice, the sale may be terminated automatically and the seller reserves the right to recover the goods without notice. In addition, any deterioration in the buyer's credit may justify the requirement for guarantees or cash payment before shipment of any pending orders.
Article 9 - Transfer of risk
The risks relating to the goods sold are transferred to the purchaser on the date on which these goods leave the seller's warehouses.
Article 10 - Termination of the contract
In the event of failure by the buyer or by his successors to any of their obligations, the sale will be terminated automatically and without judicial intervention, if the seller sees fit, within 8 days of receipt by the buyer of a formal notice by registered letter with acknowledgment of receipt.
Article 11 - Jurisdiction
All disputes relating to the fulfillment or interpretation of contracts or orders will fall under the exclusive jurisdiction of the Auxerre Commercial Court, regardless of the method of payment and the place of delivery.