Athezza 2016

CONDITIONS GÉNÉRALES
DE VENTE
GENERAL CONDITIONS
It is understood that the contracting parties are traders and can claim this in
all circumstances. They therefore recognise that these general sales conditions
are enforceable in all cases. Placing an order implies acceptance of these
general conditions which, by specific agreement, take priority over those of
the buyer except where we make a formal and specific waiver.
UNDERTAKING
Only orders signed by the customer and confirmed by the vendor will be
considered valid. Partial deliveries are possible. The remaining items will be
despatched unless they are worth less than €200 (they are then joined to
the following order).
DELIVERY
The agreed delivery timings are only an indication and do not bind the vendor.
A delay in delivery cannot in any case give rise to cancellation of an
order or a reduction in the price, or to a claim for damages. Whatever the
method of despatch, all shipments are sent at the buyer’s risk even when the
goods are sent carriage paid, carriage forward or due. The vendor reserves
the possibility of making partial deliveries with corresponding invoices: in this
case the buyer cannot in any circumstances rely on the time pending delivery
of the balance of its order to postpone the corresponding payment.
P R I C E
The prices are exclusive of tax on leaving the vendor’s warehouses. They can
be revised at any time in accordance with any variation in the cost of their
components, in observance of legislation in force on the day of invoicing.
S H I P M E N T
Except for special pre-notified urgent cases, goods are shipped by the vendor’s
usual carrier. .
DISPUTES
For sales matters the vendor itself will ensure the resolution of any disputes,
on the specific condition that precise reservations have been mentioned
on the carrier’s waybill. The mere statement “subject to unpacking” has no
legal value and cannot give rise to a claim. Any claim shall be made within
48 hours after receipt of the goods. No return will be accepted without the
formal agreement of the vendor. In the case of acceptance, only products
returned in their original packaging, not having been displayed in the shop,
can give rise to a credit note or a replacement. In the case of non-observance
of these conditions, and solely at the initiative of the vendor, the amount
of the credit note cannot exceed 30% of the value of the item. The vendor is
only bound by any undertakings which may be made by its representatives if
it has confirmed these in writing.
PRODUCTS
The products marketed by the vendor are craft products and therefore not
uniform: their appearance size, colour and so on can vary according to the
batches. The vendor therefore cannot be held responsible for any disparities
within a single shipment.
RETENTION OF TITLE
It is formally agreed pursuant to Law 80.355 of 12 May 1980 that the goods
covered by this invoice remain the sole property of the vendor until complete
payment of the price. In the case of loss of the goods for whatever reason,
risks will be borne by the customer. Consequently, in the case of nonpayment
of the whole sum due within the period stated in the order, the vendor shall
be entitled to recover the goods without prior legal action. Any advances
already made will remain the property of the vendor in lieu of damages. In
the case of a dispute, the Nîmes Commercial Court shall have sole jurisdiction.
PAY M E N T
When opening a new account, payment is 50% by bank transfer on receipt
of the pro forma invoice and the balance on delivery (payment at the time of
delivery to the carrier) (charges fixed at €16.44 excluding tax).For an existing
commercial relationship, except by special advance written waiver from the
vendor, all invoices are payable cash on receipt of the goods. If particular
settlement terms have been agreed and endorsed by the vendor, any payment
default will result, on the one hand, in all remaining sums falling due, even
if they have given rise to a draft or bill. On the other hand a minimum charge
of €59.46, excluding taxes, will be imposed for each unpaid item. In the case
of non-payment when due, a surcharge of 20% will be made by law with a
minimum of €153; this provision amounts to a penalty clause. Apart from the
aforementioned penalty clause, any failure to pay a single bill or draft or a
single invoice will give rise to penalties equal to 1.5% of the sums remaining
due, per month of delay after the agreed due date. The prior and written
acceptance of the particular payment conditions by the vendor does not
constitute either a waiver or a novation of these general sales conditions.
Discount in the case of early settlement: Nil.
JURISDICTION
In the case of a dispute the Nîmes Commercial Court shall have exclusive
jurisdiction, whatever the sales and payment conditions, even in the case
of a multiplicity of defendants. This clause is essential and cannot be waived
in any way.
MINIMUM ORDERS & CARRIAGE
CHARGES
FRANCE
EXPORT
ZONE 1
EXPORT
ZONE 2
EXPORT
ZONE 3
MINIMUM AMOUNT
OF ORDER
Opening of account:
€2000 /
Restocking €800
Opening of account:
€2000 /
Restocking €1000
Opening of account:
€2000 /
Restocking €1000
Opening of account:
€2500 /
Restocking €1500
CARRIAGE CHARGES
9% of amount of the order,
excluding tax
9% of amount of the order,
excluding tax
10% of amount of the order,
excluding tax
Transport: Ex-works, Uzès
Zone 1: Germany, Austria, Benelux, Spain, Italy, Portugal, Switzerland.
Zone 2: Denmark, Finland, Ireland, United Kingdom, Sweden.
Zone 3: All other countries, except France. Customs charges to be borne by
the purchaser
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