GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions govern the business activity of LOIAL & JOMIE LUXURY ENTREPRENEUR, whose registered office is located at 17 Allée du Dauphiné, 93150 Le Blanc-Mesnil, France, registered at RCS BOBIGNY under number 482312154, 0666083074, email@example.com (the Seller).
Article 1 – Scope of application
In accordance with Article L 441-6 of the Commercial Code, these General Terms and Conditions of Sale (GTC) constitute the sole basis of the commercial relationship between the parties. Their purpose is to define the conditions under which the Seller provides the following products (Products) to professional purchasers (Buyer or Buyers):
– All the Products offered by the Seller
These Terms may be supplemented by elements of Conditions of purchase, if any, established by the Buyer on elements of their commercial relationship other than the prices, the conditions of payment (penalties for delay, refunds …), and the special conditions of sale. In the event of any conflict between these Terms and the Purchaser’s Subscription Terms and Conditions (STC), the GTC shall take precedence and shall be applied by the parties. Any order for Products implies acceptance by the Purchaser of the Terms and Conditions of Use of the Seller’s website for orders via the Seller’s website. The fact that the Seller does not rely on any of the clauses contained in these Terms and Conditions can not be interpreted as a waiver of the right to rely on it at a later date. The Seller may agree with a Buyer on a particular conditions of sale deviating from the CGV. These GTCs are valid for an unlimited period, until any modifications made by the Seller.
Article 2 – Orders
2.1 – Ordering methods
Orders may be placed by the Buyers to the Seller:
– Via a website
– In stores
– By means of a paper
Orders must be confirmed in writing, by means of a purchase order duly signed by the Purchaser.
The sales are final, even if they are taken through sales representatives or employees, only after express acceptance in writing by the Seller of the order issued by the Buyer. This acceptance can be materialized by sending an email, a text message, or a letter.
2.2 – Minimum Amount
No order for less than 109.00 € will be accepted by the Seller.
If the Purchaser wishes to modify their order, their request can only be considered if it arrives in writing to the Seller before the Products are shipped and is expressly accepted by the Seller.
Article 3 – Rates
3.1 Price details
The Products and Services are provided at the rates in force on the day of placing the order or in the specific commercial proposal, if any, addressed to the Buyer. The rates are firm and non revisable during their period of validity, which will be indicated by the Seller.
The applicable VAT is the VAT in force on the day the order is placed, any change in the rate may be reflected on the price of the Products.
All taxes, duties, rights, or other benefits or expenses payable under French regulations or those of an importing country or transit country are the responsibility of the Buyer.
Prices are quoted in euros and do not include:
3.2 – Discount
No discount will be made by the Seller in the event of payment of the Products ordered before the payment date appearing on the invoice or in a period less than that provided for by the GTC.
Article 4 – Discounts and refunds
The Seller does not grant Buyers any discounts or refunds, regardless of the quantity and regularity of the orders.
Article 5 – Methods of payment
5.1 – Payment terms
For any order, the Buyer will proceed to the payment of the price of the Products ordered by:
– Bank card
– Bank transfer
The price is payable in cash, in full on the last day of the execution of the Contract including the delivery of the Products, in accordance with the terms of the article Delivery, and the term of the possible provision of Services.
5.2 – Delay Penalties
In the event of late payment of the Buyer, the Seller may suspend all outstanding orders, without prejudice to any other course of action.
Any sum not paid at the time fixed by these GTCs entails automatically, without formalities or formal notice, the application of penalties for delay of an equal amount as of the day following the date of settlement provided for on the invoice at the rate applied by the European Central Bank to its most recent refinancing operation plus ten points.
A flat-rate indemnity for recovery costs of 40 euros will also be due, without notice to the Buyer, as of right. The Seller reserves the right to ask the Purchaser for an additional sum if the collection costs incurred are greater than this amount.
Article 6 – Cancellation
The Seller will not accept any cancellation of orders from the Buyer, whatever the reason, except in case of force majeure.
Article 7 – Delivery
As the delivery times may vary according to the Products ordered, they are specified on the purchase order signed by the Buyer for each Product or category of Products.
This delay does not constitute a period of rigor and the Seller’s responsibility will not be incurred in case of delay of delivery within a delay of 10 days. In the event of a delay of more than 10 days, the Purchaser may request the resolution of the sale and any deposits paid will be returned to them by the Seller.
The Seller shall never be liable in the event of delay or suspension of the delivery if this is attributable to the Purchaser or to a case of force majeure.
Article 8 – Returns
The Seller is entitled to refuse returns of Products from the Buyer.
Article 9 – Packaging
Packaging containing the trademark and/or the name of the Seller may only be used for the Products and in no case for products which are not their own.
Article 10 – Transfer of ownership
Acceptance of the order form by the Seller automatically entails the transfer of ownership and the transfer of risks on the Products ordered.
Article 11 – Liability – Warranty
11.1 – Warranty
Buyers benefit from the legal guarantee of eviction and hidden defects.
Products supplied by the Seller are warranted against defects in material and workmanship for a period of one month from receipt by Buyer.
The Vendor’s sole obligation under this warranty is, according with their choice, to replace or repair the defective Product or component, unless such compensation is found to be impossible or disproportionate. The Buyer will not be entitled to any compensation in the event of immobilisation of the Product within the framework of the application of this warranty.
The warranty does not apply to apparent flaws, defects, and deterioration caused by natural wear and tear due to normal use of the Product or by improper use of the Product by the Purchaser. In addition, it does not cover damage caused by events of force majeure, such as but not limited to weather, earthquakes, war, fires, strikes…
No warranty can be applied in the absence of full payment of the sums owed by the Buyer to the Seller.
11.2 – Limitation of liability
The liability of the Seller may only be incurred in the event of gross ,intentional, or fraudulent negligence. In all other cases, the responsibility of the Seller can never be sought or committed by the Buyers.
Buyers guarantee and indemnify any third party liability claims against the Seller.
Article 12 – Treatment of disputes
In the event of disputes between the Buyer and the Seller concerning the validity, interpretation, execution or non-performance, interruption, or termination of these Terms, these will be submitted to the courts of Bobigny.
Article 13 – Applicable law – Language of contract
By express agreement between the Parties, this Agreement shall be governed by and subject to French law. It is written in French. In the event that it is translated, only the French version shall prevail in the event of a dispute.