Terms and conditions of sale
1. GENERAL CLAUSE
All orders or sales are subject to the following general conditions, which the buyer declares to accept expressly and without reservation by placing an order.
2. PRICES, PAYMENT CONDITIONS, PENALTIES
The prices of our goods are fixed by the tariff in force on the day of invoicing. They are stipulated NET EXCLUDING TAXES from our premises, plus VAT. Our Company reserves the right to modify them at any time in the event of fluctuation of these conditions.
Orders for export must be paid to our Company IN CASH AND IN ADVANCE BEFORE THE SHIPMENT OF THE GOODS.
Eventually, with the express agreement of our company and provided that the buyer provides satisfactory solvency guarantees, payments may be made under the following conditions:
- Either 30 days from the invoice date, by bank transfer which must be sent to us no later than 8 days following the order; after this period, the sale will either be deemed cash-on-delivery and the amount of the invoice will be immediately due in the event that the goods have already been delivered, or automatically rescinded, at our Company's discretion.
In the absence of payment of a single invoice by any of the agreed deadlines, regardless of the payment method:
- All receivables of our Company, even if not yet due, will become immediately due, automatically and without prior notice,
- These receivables will incur late payment interest from the invoice date or the overdue date until the final payment day, at a rate of 3% per month.
Furthermore, in the event of forced recovery of its debt, the buyer will bear, in addition to all recovery costs (bailiff's fees and expenses, court costs, compensatory indemnity for attorney's fees and expenses, etc.), a lump sum indemnity of 15% of the amount of the sums due in principal, interest, and ancillary costs.
3. DELIVERIES - MINIMUM ORDER - TRANSPORT - CLAIMS - RETURN OF GOODS
Goods are dispatched subject to stock availability, freight collect, from our premises for Metropolitan France, the overseas departments and territories, and export. Delivery times provided for orders are given for informational purposes only, and any delays do not entitle the buyer to cancel the sale, refuse the goods, or claim retention, compensation, penalties, or damages.
In all cases, goods travel at the buyer's expense, risks, and peril from their departure from the seller's warehouses or factories. The buyer shall be personally responsible for any shortages or total or partial deterioration of the goods. In particular, the buyer must notify the carrier within 3 days of their reasoned protest by registered letter with acknowledgment of receipt, in accordance with Article 105 of the Commercial Code.
The buyer undertakes to insure the goods, the subject of the sale, from their departure from the seller's warehouses or factories as stated in Article 5 regarding the retention of title clause.
After a period of 15 days following receipt of the goods, no claim concerning the nature and quality of the goods will be admissible by the seller, and no unjustified return of goods can be demanded by the buyer.
4. FORCE MAJEURE AND UNFORESEEN CIRCUMSTANCES - IMPEDIMENT AND SHORTAGE
Our Company is released from any delivery obligation by all unforeseen circumstances or force majeure events and, in general, by all facts beyond its control, such as strikes, machine breakdowns and accidents, supply difficulties, interruption of carriers, fire, etc.
5. WARRANTIES
Goods sold are warranted, for a period of 12 months from delivery, against any operating defect resulting from a material, manufacturing or design fault under the conditions below. The warranty is excluded if: The operating defect results from an unauthorized intervention on the goods. The defective operation results from normal wear and tear of the goods or from negligence or lack of maintenance. Under the warranty, the seller undertakes to replace free of charge parts recognized as defective by its technical services.
6. RETENTION OF TITLE CLAUSE
By express agreement with the buyer, who agrees to abide by the provisions of Law No. 80-335 of May 12, 1980, Beausoleil retains ownership of the goods sold and designated in the contractual documents until full payment of the principal, interest, and ancillary costs.
Failure to pay any of the installments may result in the immediate reclamation of the goods. The provisions of this clause do not prevent the transfer to the buyer, from the departure of the seller's warehouses or factories, of the risks of loss or deterioration of the goods, as well as any damage they may cause or suffer. (See Article 3 of these general conditions).
7. DISCOUNTS
No discount constitutes an acquired right for the buyer despite all previously granted discounts, regardless of their number or importance.
Orders that have benefited from a discount due to their importance or special conditions and that cannot be fully honored immediately will be partially delivered, with the balance of the order simply being postponed. The buyer cannot invoke delays in execution to cancel the balance of this order.
8. ADVERTISING MATERIALS
All advertising materials provided free of charge to the client are and remain the property of the Frédéric Beausoleil brand.
9. CONTRACTUAL COMMITMENT
Our general terms and conditions of sale are set out on the back of our order forms, delivery notes, invoices, and price lists. Only the general terms and conditions of sale in force on the day of the order, as printed on the back of the order forms or invoices corresponding to the sale, have contractual force. Each of the aforementioned documents reiterates that our buyers have acknowledged them and that they accept them expressly and without reservation. Based on all these elements, our general terms and conditions of sale constitute a synallagmatic contract.
10. JURISDICTION CLAUSE
By express agreement, all disputes arising between the seller and the buyer, regardless of the client's nationality or place of residence, the place of delivery, the accepted payment method, even in the event of a guarantee claim or multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Commercial Court within whose jurisdiction our registered office is located, namely the Commercial Court of PARIS, or its President, for interim relief matters.
11. APPLICABLE LAW
The parties agree to submit their contractual relations to French Law.