Terms and Conditions of Sale

Clause 1: Purpose and Scope

These Terms and Conditions of Sale (T&Cs) form the basis of the commercial agreement and are systematically provided or made available to each purchaser so that they can place an order.

The Terms and Conditions of Sale set out below detail the rights and obligations of Company (company name) and its customer in connection with the sale of the following goods: … (the seller must list the goods covered by these T&Cs).

Any acceptance of a quotation/order form, including the clause “I acknowledge that I have read and accept the attached Terms and Conditions of Sale”, constitutes the buyer’s unconditional acceptance of these Terms and Conditions of Sale.

Clause 2: Prices

The prices of the goods sold are those in effect on the date the order is placed. Prices are stated in euros and calculated excluding taxes. Consequently, they will be increased by the applicable VAT rate and shipping costs in effect on the date of the order.

Company reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was placed.

Clause 3: Discounts and Rebates

The prices offered include any discounts and rebates that Company may grant based on its results or on the buyer’s assumption of certain services.

Clause 4: Early Payment Discount

No discount will be granted for early payment.

Clause 5: Payment Terms

Orders may be paid:

by cheque;
by credit/debit card;
where applicable, by any other payment method accepted by the company.

Payments shall be made under the following terms:

Payment within 30 days of receipt of the goods;
or
Payment within 45 days end of month following the invoice date;
or
Payment within 60 days of the invoice date.

Clause 6: Late Payment

In the event of total or partial non-payment of goods delivered by the due date, the buyer must pay Company a late-payment penalty equal to three times the applicable statutory interest rate.

The applicable statutory interest rate shall be the rate in force on the date the goods are delivered.

As of 1 January 2015, the statutory interest rate is revised every six months (Ordinance No. 2014-947 of 20 August 2014).

This penalty is calculated on the total amount including VAT of the outstanding sum and accrues from the payment due date, without any prior formal notice being required.

In addition to late-payment penalties, any sum, including a deposit, that remains unpaid when due shall automatically give rise to a €40 fixed compensation for recovery costs.

Articles L.441-10 and D.441-5 of the French Commercial Code.

Clause 7: Termination Clause

If, within fifteen days following the implementation of the “Late Payment” clause, the buyer has not paid the outstanding amounts, the sale shall be automatically terminated and may give rise to a claim for damages in favour of Company(company name).

Clause 8: Retention of Title

Company (company name) retains ownership of the goods sold until full payment of the price, including principal and any additional charges.

Accordingly, if the buyer is subject to judicial reorganisation or liquidation proceedings, Company reserves the right to claim, within the framework of the collective proceedings, the goods sold that remain unpaid.

Clause 9: Delivery

Delivery shall be carried out:

by direct delivery of the goods to the buyer;
by sending the buyer a notification that the goods are available for collection at the store;
or by delivering the goods to the location indicated by the buyer on the order form.

The delivery timeframe indicated when the order is placed is provided for information purposes only and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:

compensation or damages;
cancellation of the order.

The risk associated with transportation shall be borne entirely by the buyer.

In the event of missing or damaged goods during transportation, the buyer must make all necessary reservations on the delivery note upon receipt of the goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt sent to the company.

Clause 10: Force Majeure

Company (company name) shall not be held liable if the failure to perform, or delay in performing, any of its obligations under these Terms and Conditions of Sale results from an event of force majeure.

For the purposes of this clause, force majeure means any external, unforeseeable and unavoidable event, as defined under Article 1148 of the French Civil Code.

Clause 11: Jurisdiction

Any dispute relating to the interpretation or performance of these Terms and Conditions of Sale shall be governed by French law.

In the absence of an amicable resolution, the dispute shall be brought before the Commercial Court of … (location of the registered office).