1) GENERAL CLAUSE / APPLICATION & OPPOSABILITY
1. – The following provisions are intended to define the professional general conditions of sale of our company. Our general conditions of sale (GTC) prevail over all general conditions of purchase, except formal and express derogation on our part. 

2. – These GTCs, which constitute an essential and determining element of the sales contract, are systematically given to each professional buyer before any order. Accordingly, placing an order.

3. – The fact that our company does not avail itself, at a given time, of any of the provisions of these C.G.V. can in no way be interpreted as a waiver to claim them later. the app. In the event that one of the provisions of these GTCs should be canceled or invalidated in any way whatsoever, the parties agree to replace it with the closest possible provision. Others provisions will remain in force. 

2) ORDERS
4. – Orders are only final when they have been expressly confirmed in writing by the buyer. As soon as the order is placed or confirmed in writing, no modification or cancellation of the order by the buyer can be taken into consideration by our company.
5. – The order must relate to a minimum amount, according to the scales in force on the day of the order.
6. – Upon receipt of the written order, our company will examine whether the order can be honored in full, partially or not at all. In these last two cases, our company will inform the buyer of the impossibility in which it finds itself to honor the order in full. This impossibility may result in particular from the absence of adequate stocks or from the cessation of the marketing of certain products ordered. In this respect, our company reserves the right to make at any time and without prior notice any modification to its product ranges, including with regard to the mentions present in its catalogs or other commercial documents.
7. – Any deterioration in the buyer’s credit may justify the requirement of a guarantee before the execution of the orders received or a payment prior to delivery. Our company also reserves the right to cancel or refuse any order from a customer with whom there is an ongoing dispute relating to the payment of a previous order.
3) DELIVERIES
8. – Deliveries are made order by order or by group of orders. However, our company reserves the right to make partial deliveries depending on the availability of products in stock.
9. – Deliveries are deemed to have been made when the products leave our premises and are handed over to the carrier. The goods, even shipped free, travel at the risk and peril of the buyer.
10. – The mode of transport is our choice, unless expressly agreed with the buyer for the use of a particular mode of transport.
11. – Delivery times are indicated as exactly as possible to the buyer, depending on the availability of the products and the foreseeable conditions of transport. Exceeding the indicative deadlines shown on the order forms, which are only indicative, cannot give rise to damages, deductions, late payment penalties or cancellation of the order, in whole or in part.
12. – If, after our agreement, the shipment of our products is delayed at the request of the buyer, the products will be stored and insured at the expense and risk of the buyer.
13. – In the event of force majeure, our company is released from all liability and will not be liable for any compensation for the total or partial non-performance of its obligations. Are considered as cases of force majeure: wars – riots – fires – strikes – accidents – natural disasters – floods – impossibilities of being restocked, without this list being exhaustive.
4) PACKAGING
14. – Transport pallets are made available to the buyer. They remain, unless otherwise agreed, the exclusive property of our company, which may obtain their return at any time at the expense of the buyer.
5) ACCEPTANCE & GUARANTEES
15. – Our goods being carefully checked and packaged before shipment, it is up to the recipient to make all reservations with the carrier in the event of deterioration, damage, missing items, etc. under the conditions of Article L. 133-3 of the Code du Commerce.
16. – Complaints on apparent defects or on the non-conformity of the product delivered with respect to the product ordered, in order to be accepted, must be made to our company, in writing, within 72 hours of receipt of the products.
17. – If the buyer wishes to proceed with the return of the products, he must send our company a prior written notification, by registered letter, within a maximum period of 72 hours following receipt of the products. This return request must detail the nature of the goods, the quantities concerned and the reason serving as the basis for the return.
18. – Our company reserves the right to oppose the return if the reasons given by the buyer prove to be inaccurate or insufficiently precise.
19. – If, in view of the notification, the return is authorized, the products must be sent back to our company in their original packaging in order to be taken into account.
20. – Provided that the return is justified, it will be at the expense of our company.
21. – All our products and/or services are guaranteed for a period of SIX (6) months in the event of a hidden defect and/or defect. This warranty takes effect, in all cases, from the provision of the products and subject to their correct use and in accordance with laws, regulations and customs. Any warranty is thus excluded in the event of misuse, negligence or lack of maintenance on the part of the buyer, as in the event of normal wear and tear of the property or force majeure.
22. – Our company’s warranty obligation, whether for apparent defects or hidden defects, is strictly limited to the repair or replacement, at our company’s option, of the product concerned. This warranty is exclusive of compensation for any other prejudice, in particular consequential loss and damage.
22.2. – If delivered products require replacement, the buyer will normally be sent products identical to those ordered.
22.3. – If any replacement is impossible, the buyer will be reimbursed.
23. – Such a replacement or repair operation will not have the effect of extending the warranty period of SIX (6) months.
6) TITLE RETENTION CLAUSE
24. – Our company retains ownership of the goods sold until the effective collection of the full price in principal and accessories, even in the event of collective proceedings against the buyer. Failure to pay any of the due dates will make the sums due immediately and automatically payable and may result in a claim for the goods. These provisions are not an obstacle to the transfer, to the buyer, of the risks of loss and deterioration of the goods sold as well as the damage which could result therefrom, in accordance with article 3 “delivery” of these general conditions of sale.
25. – The buyer undertakes to individualize the products delivered to its stores in warehouses and inform its customers that this retention of title clause gives our company the right to claim the products delivered or their price from their hands.
26. – It is agreed that our company may exercise the rights it holds under this retention of title clause on all identical or similar products in the possession of the buyer, the latter being deemed to relate to unpaid invoices. Our company may claim these products under unpaid invoices without prejudice to its right to implement the resolution of sales in progress, by simply sending a registered letter with acknowledgment of receipt.
27. – In the event of total or partial non-payment on the due date, the products must be returned to our company on simple summons from a bailiff or in view of an interim order. In the event that the retention of title clause is implemented, the return costs and any payments already made by the buyer will be acquired by our company as a penalty clause.
7) PRICE – PAYMENT CONDITIONS – PENALITIES
28. – The prices are stipulated excluding taxes, ex works and packaging included. The nature and amount of the tariffs are those appearing in the tariffs in force at the time of the order. The prices do not include transport, nor any customs fees and insurance which remain the responsibility of the buyer; they are non-revisable during the period of validity, as indicated by our company. In this respect, it is specified that the scale of unit prices and the discount conditions, which have been communicated by our company to the buyer, form an integral part of these general conditions.
29. – Unless otherwise stipulated, our invoices are payable in accordance with the method of payment agreed at the time of the order and, failing that, with the methods of payment in use within THIRTY (30) days of the date of shipment of the products. It is also specified that, for the road transport of goods, for the transport commission as well as for the forwarding activities, the payment deadlines cannot in any case exceed thirty days from the date of issue of the invoice. corresponding.
30. – All first orders are payable in advance.
31. – Cash payments not settled within EIGHT (8) days lose the benefit of the discount, the amount of which is specified in the scales in force.
32. – Failure to pay or simple delay in payment of our goods for any of the fixed deadlines will result in the payment of all sums remaining due. These amounts will be increased by late payment penalties at the minimum interest rate of THREE (3) times the legal interest rate. Late payment penalties will be due automatically on the due date.
33. – In addition, as a penalty clause and without prejudice to any other damages, the buyer will be automatically liable to our company for a sum equivalent to 15% of the sums remaining due, as well as all the costs implemented to obtain the withheld payment.
34. – In accordance with the provisions of Article L. 441-6 of the Commercial Code, a lump sum indemnity for recovery costs in the amount of FORTY (40) euros will be due, automatically and without prior notification of the buyer in the event of late payment. Our company reserves the right to ask the buyer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
8) JURISDICTION CLAUSE
35. – In the event of litigation of any kind or dispute relating in particular to the interpretation or execution of these general conditions of sale, the commercial court of the registered office of our company will have sole jurisdiction. This clause will apply even in the event of an incidental claim or multiple defendants or warranty claim and regardless of the mode and terms of payment.
9) LAW APPLICABLE
36. – Orders and deliveries made in accordance with these GTCS are governed by French law only. In the event that the GTCS are translated into one or more languages, only the French text will be law in the event of a dispute.