1. FIELD OF APPLICATION
The present general terms and conditions are applicable to all sales of products marketed by the company THIERS ISSARD , hereinafter referred to as the company or the supplier, for the benefit of its professional clients, and define the respective and reciprocal obligations of each of the parties.
These general terms and conditions of sale are sent to customers with the proforma invoices used as estimates and to validate an order. Any order placed implies the customer's full and unreserved acceptance of these general terms of sale.
2. DOCUMENTS GOVERNING THE CONTRACTUAL RELATIONSHIP
The contractual relationship between the parties is governed by the following documents, listed in order of priority:
- General terms and conditions of sale
- Quotation setting out the special conditions (proforma)
- Warranty notices
In the event of contradiction between the various contractual documents, the one with the highest priority shall prevail, except in the event of written agreement and formal acceptance by the supplier. All other documents such as prospectuses, catalogues, brochures issued by the seller are only indicative and do not prevail over the general terms of sale.
For the purposes of these terms and conditions and the relationship between the parties, the terms used shall have the following meanings:
Client: any legal, professional person, established in France or abroad, and whose activity is similar or related to that of THIERS ISSARD, who places a firm and definitive order with the company.
Product: any item presented for sale by the company. It is specified that the company only sells finished and complete products and that no component can be sold separately.
Carrier: any company that the customer or supplier uses for the delivery of its order.
Website: intended for the presentation of products for sale to professionals.
4. ORDER / ACCEPTANCE
Orders are placed by e-mail, post or on the website. All orders give rise, within a maximum of 7 working days, to the establishment by the supplier of a response including the price and conditions of sale (deadline, payment, etc....), most often in the form of a proforma estimate by e-mail or post. Orders only become final once the quotation or proforma has been accepted by the customer and returned to the company, triggering the production of the order.
Orders placed with representatives or sales staff shall include a duplicate copy which shall be given to the customer.
Any retraction, dispute or modification of definitive orders must be addressed to the company within 3 working days by registered letter with acknowledgement of receipt. After this period, the sale is considered final and the full price is due.
Particularly large orders requiring special production runs may be subject to special conditions and in particular to requests for advance payments.
Orders placed by professionals whose activity is not related to or complementary to that of THIERS ISSARD may be categorically refused, as these persons must obtain their supplies for personal use from retail shops.
5.1 Terms and conditions
The prices mentioned for an order are, unless otherwise stated, wholesale prices excluding VAT.
Payment is made in advance for all orders outside mainland France, after acceptance of the quote submitted or transmitted, and triggers the dispatch of the order.
For all orders within the French metropolitan territory, and except for special conditions of payment in advance, orders are payable within 30 days from the date of issue of the invoice. No special condition shall extend this period beyond 60 days net of invoice.
The price is always indicated exclusive of tax. Any customs duties and taxes applicable in the country concerned in application of French regulations or those of the importing country are to be paid directly by the customer.
In accordance with the law of 1 July 2010, no discount will be granted for cash payment.
Payments can be made by cheque, draft or bank transfer.
Any discount made will be indicated and visible on the final invoice.
5.2 Late or non-payment
In the event of late payment, the seller may suspend all outstanding orders, without prejudice to any other course of action. In the event of deterioration of the buyer's credit, the supplier reserves the right to demand guarantees, cash payment or payment by sight draft.
As soon as the payment of the invoice is not made within the time limit, late payment penalties are payable without prior notice in accordance with Article 441-6 of the Commercial Code, with an interest rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. Any delay in payment shall give rise, in addition to the late payment penalties, to the payment of a fixed indemnity of €40 for collection costs to the company.
In the event of payment by bill of exchange, failure to return the bill of exchange shall be considered as a refusal to accept it, which shall be considered as a failure to pay. In this case, and 48 hours after a formal notice has remained unfruitful, the sale shall be terminated by operation of law if the supplier sees fit, who may request, in summary proceedings, the return of the products, without prejudice to any other damages.
6.1 Time limits
Delivery times are given as accurately as possible but are subject to the supplier's supply and production possibilities and remain approximate. Exceeding the delivery time by less than two months shall not give rise to damages, deductions or cancellation of the order in progress. The seller also undertakes to inform the customer of any events that may modify the agreed deadlines.
Large volumes shall systematically be subject to specific delivery terms stipulated in the quote. The company undertakes to inform the customer by e-mail or by any other means of the progress of his order. The company shall not be held liable if the delay in the execution of its orders is due to force majeure. In this respect, force majeure means any unforeseeable external event within the meaning of Article 1148 of the Civil Code, as well as any event outside the supplier's control.
In Metropolitan France, orders over €500 excl. tax are sent carriage paid. In the opposite case, postage is at the customer's expense.
The products are delivered by carrier to the address indicated by the customer when ordering.
For international orders, the customer can choose the carrier. In all cases, postage and insurance are entirely at the customer's expense.
6.3 Risks, Insurance and Taxes
Transport insurance is the responsibility of the supplier, who sends all orders carriage paid, declared value insured against theft, loss or damage.
Except in the case of carriage paid, the carriage and the related insurance in declared value are at the customer's expense.
In all cases, the customer shall bear any taxes related to the transport and/or entry of the products into its territory.
The transfer of ownership of the product sold is subject to delivery and full payment of the price by the client. In the event of non-payment by the customer, the supplier may, without losing any of its rights, demand by registered letter with acknowledgement of receipt, the return of the goods at the expense and risk of the buyer.
7. RETURN / REFUSAL OF GOODS
The customer must check the products received on receipt and request their immediate return to the carrier, or refuse the delivery, in the event of defects or damage related to the delivery. In the event of a product defect, the customer must return the product(s) to the company's after-sales service in order to obtain repair or replacement in accordance with the guarantee conditions (see specific guarantee document attached to the quote). The reimbursement of the products remains possible on the customer's express request or in the absence of similar products (end of production).
No returns will be accepted on the grounds of non-sale.
8. WARRANTY / REPAIR
In addition to the guarantee against hidden defects of articles 1641 and following of the Civil Code, the products are guaranteed against any manufacturing or material defect, according to the specific guarantee notices for each product family.
In order to benefit from the guarantee, the products must be submitted to the after-sales service. Transport and return costs are at the customer's expense.
Defects and deterioration caused by natural wear and tear or by external accidents (defective maintenance, abnormal use, etc.) are excluded from the guarantee. In case of request for repairs and when they are possible, they will be invoiced to the customer.
9. LIABILITY / PRODUCTS
The photographs illustrating the products presented in the documents or on the company's website are not contractual. They cannot ensure a perfect similarity, particularly due to the use of living materials (horn, wood, etc. ....)
All products sold by the company comply with current French legislation. The responsibility of the company cannot be engaged in case of non-respect of the legislation in force within the country where the products would be sent. It is the customer's responsibility to check with the local authorities in his or her country to see if the items ordered can be imported or used.
10. COPYRIGHT AND INDUSTRIAL PROPERTY
All elements on the www.thiers-issard.fr website such as products, brands, photos, texts, etc. are reserved under copyright and industrial property law. No one is authorized to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of the company.
11. PROTECTION OF PERSONAL DATA
The information requested from the Client is necessary for the execution of orders and is intended for THIERS ISSARD.
The Client is informed that, in the context of the management of operations relating to the contractual relationship with its clients, personal data is processed by THIERS ISSARD as the data controller. In accordance with the French Data Protection Act and the rules applicable since 25 May 2018 in application of the European General Data Protection Regulation, the data concerned is kept by THIERS ISSARD for the entire duration of the contractual relationship plus the legal periods of limitation.
The Client benefits, under the conditions provided for by law, from a right of enquiry, access, rectification, a right to portability, to limit processing and to oppose for legitimate reasons, as well as the right to define directives relating to the fate of their data after their death. The latter may exercise their rights by contacting THIERS ISSARD at the following e-mail address CONTACT@THIERS-ISSARD.FR.
All complaints should be addressed to the company at the address below. The parties shall endeavor to reach an amicable settlement in the event of disputes.
13. APPLICABLE LAW AND JURISDICTION
The present contract is subject to French law. In the event of a disagreement persisting after an amicable settlement, the courts of the registered office of THIERS ISSARD shall have sole jurisdiction to settle the dispute between the parties.