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General Conditions of Sale
AGREEMENT:
The parties exp ressly agree that
placing an order implies ful acceptance of the
present conditions.
PRICING:
Invoices are issued on the shipping
date. Price change dates are announced
with sufficient notice, so orders reaching us after such
dates wil be invoiced at
current prices. We endeavour to leave our prices unchanged
for one year, but
certain factors affecting the cost of raw materials or
foreign currencies may
force us to raise our prices without warning. If possible,
we wil send you notification
of such rises.
SHIPPING CONDITIONS:
Our quoted prices are pre-VAT and ex-works.
They are quoted in euros. Al
products are sold in ful boxes only. We do not manage
outstanding ordered
products; out-of-stock products must be re-ordered.
DELIVERY:
In accordance with the French commercial
code, goods are transported at the
recipient's risk. The delivery periods envisaged in our
confirmation orders are
given only as an indication and the possible delays do not
give right to the purchaser
to cancel the sale, to refuse the goods or to claim damages.
Le Secret
Naturel SAS is released from the obligation of delivery for
all fortuitous occurences
as the strike in all its forms, the innondations and fires,
breaking of machines,
etc….
RECEIPT OF GOODS:
We advise you to check the state of the
goods in the driver's presence when
they are delivered to your premises. Be sure to note any
reservations (breakages,
missing items, etc.) on the carrier's receipt in order to
retain proof of the
nonconformance encountered and to be able to take action
against the carrier.
Because our terms of carriage are ex-works, we cannot be
held liable for any
damage occurring during transportation. No complaint will be
taken into account
beyond some 15 business days deadline as from the date of
reception
of the products in your buildings.
RETURN OF GOODS:
No returns shal be accepted without our
prior written consent and more than
eight days after the date of receipt of the goods.
RESERVATION OF OWNERSHIP:
In accordance with French law No. 80335
of 12 May 1980 , goods shal remain
our property until fuly paid for. Orders are only shipped if
al the customer's
outstanding invoices have been paid.
CONDITIONS OF PAYMENT:
After approval of the customer file by
our credit insurance, our invoices have
to be paid in the particular conditions of payment envisaged
between the parties
at the order. In the event of partial delivery, the non
delivery or the carryforward
of the rest of the order cannot delay the payment of the
delivered
party. In the same way, the observation of a litigation or a
difference of amount,
of settlement date, can only lead to a credit not or a
partial payment in agreement
with our accounting department, but in no way at all to t he
non payment
of the expiry amount. No dispute of an invoice which is more
than two months
will be allowed. Any invoice for which no duplicate will
have been required
under one month as from the delivery of the products will be
considered as received.
Generally, the non payment of an invoice at the settlement
date (as
well as non the return of a draft within the legal delay)
can involve the suspension
of the execution and the delivery of all the pending orders.
FAILURE TO PAY:
In addition to recovery costs of at
least 40 euros, any amount unpaid at the due
date legaly attracts interest at the discount rate applied
by the Bank of France
when the invoice is issued, plus a 2% surcharge.
If the buyer's credit rating fals we reserve the right, even
after partial shipment
of an order, to demand from the buyer guarantees that we
deem fit with a view
to proper fulfilment of commitments made. Refusal to provide
said guarantees
entitles us to cancel al or part of the transaction. The
parties formaly and irrevocably
agree to this provision; it therefore does not require a
prior injunction,
by express waiver of articles 1146 and 1153 of the French
civil code.
SELLING ON THE INTERNET:
The customer is prohibited from seling
on the Internet any “ELICEY" branded
products or any products that refer to the “ELICEY” brand
without the express
prior written consent of LE SECRET NATUREL SAS. Any seling
or advertising
requires said agreement, which
shal state the website name and the products being
distributed. Any customer
not complying with this provision shal be prohibited from
seling on the Internet.
JURISDICTION:
In the event of a dispute, only the
courts of PARIS shal have competent jurisdiction,
also in the case of several defendant or call for guarantors.
French law
will be the only applicable.
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Legal Notice
© elicey 2008 -
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