GENERAL TERMS AND CONDITIONS OF SALE applicable to professionals
I. - SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
The present general conditions of sale apply by right to any sale of the following products:
- Teas ;
- Infusions ;
- Tea boxes ;
- Labels ;
- Tea bags;
- Tea accessories, including teapots, cups, infusers, etc;
- Any other item related to the consumption of teas or infusions.
The sale is deemed concluded on the date of acceptance of the order by the Seller.
Prior to this date, the present conditions of sale have been made available to the Buyer, as referred to in Article L. 441-6 of the Commercial Code.
Any order implies unreserved acceptance of these terms and conditions of sale, which shall prevail over all other terms and conditions, except those expressly accepted by the Seller.
II. - ORDER
Any order, to be taken into account, must be placed through the website (www.grossiste-the.com) or possibly by e-mail (email@example.com or firstname.lastname@example.org).
The Seller is not bound to honor any order for a quantity of less than 1kg for tea or infusion.
The acceptance of the order by the Seller results from the establishment and the sending of the invoice. From this date, any order is considered firm and definitive.
III. - DELIVERY
Except for special conditions specific to the sale, the delivery will be made to the address indicated at the time of the order by the buyer in metropolitan France excluding Corsica, within fifteen working days from the receipt by the Seller of the payment of the order by the Buyer.
The risks of the ordered good are supported by the Purchaser as from the handing-over by the Salesman of the parcel to the conveyor.
The delivery time is given as an indication and without guarantee.
Exceeding this time limit shall not give rise to any deduction or compensation.
However, the Buyer not delivered at the given indicative date may cancel all or part of his order fifteen working days after formal notice remained unsuccessful.
The indicated deadline is also automatically suspended by any event beyond the control of the Seller and resulting in a delay in delivery.
In any event, delivery within the time limit may only be made if the Buyer is up to date with all its obligations to the Seller.
The costs and risks associated with the delivery of the products shall be borne exclusively by the Buyer.
IV. - RECEIPT OF PRODUCTS
The Buyer shall take receipt of the products ordered at the address indicated at the time of his order without delay as from the receipt of the notice of availability.
The Buyer must verify upon receipt the conformity of the products delivered to the products ordered and the absence of apparent defects.
If no complaint or reservation is formulated by the Buyer on the day of the reception of the products, the aforementioned products cannot be taken back nor exchanged, in application of the provisions of the article 1642 of the Civil code.
In the event of apparent defect or nonconformity of the delivered products to the ordered products noted by the Purchaser at the day of the reception, the Salesman is obliged to the replacement of the delivered products by new and identical products to the order.
The costs incurred by the return and delivery of the new products are the exclusive responsibility of the Buyer.
V. - PRICES
1 - Prices - Except for special conditions specific to the sale, the prices of the products sold are those shown on the website (www.grossiste-the.com) on the day of the order.
These prices are, at this date, firm and definitive.
They are expressed in legal currency and stipulated exclusive of tax, including packaging.
2 - Terms of payment - Except for other terms expressly provided for in the special conditions, the sale price is payable upon receipt of the invoice without delay or at the latest within five working days, as payment conditions the shipment of the products.
Under no circumstances may payments due to the Seller be suspended or be subject to any reduction or set-off without the written agreement of the Seller.
In the event of non-payment on the due date, penalties equal to the semi-annual European Central Bank (ECB) reference rate (Refi rate) in effect on January 1 or July 1, depending on the date of the order, increased by 10 points: i.e. 10.05%. They will be applied as of the day following the date of payment indicated on the invoice. Late payment penalties are payable without the need for a reminder.
Pursuant to Article D. 441-5 of the French Commercial Code, in the event of late payment, the debtor shall be liable to the creditor, in addition to the late payment penalties already provided for by law, for a fixed indemnity for collection costs of 40 euros.
Any payment made to the Seller shall be deducted from the sums due, regardless of the cause, starting with those due the earliest.
In the absence of any payment of the price when due, the Vendor may automatically terminate the sale, five working days after a formal notice has remained without effect, without prejudice to any damages that may be claimed by the Vendor.
3 - Invoicing - Upon receipt of the order, the Vendor shall issue an invoice in duplicate, one of which shall be delivered to the Buyer the same day.
The invoice shall include the information specified in Article L. 441-3 of the French Commercial Code.
VI. - RETENTION OF TITLE
The products are sold under reservation of ownership.
The Seller retains ownership of the products until full and effective payment of the price by the Buyer.
In the event of non-payment on the due date, the Seller may claim the products and terminate the sale, as specified above.
Checks and bills of exchange are considered as payments only after their effective collection.
Until this date, the retention of title clause shall remain in full force.
These provisions do not prevent the transfer, upon delivery, of the risks of the products sold.
The Buyer undertakes not to transform or incorporate the said products, nor to resell them or pledge them, until full payment of the price, under penalty of immediate reclamation of the products by the Seller.
VII. - WARRANTY
The products sold are covered by the legal guarantee of hidden defects, in the sense of article 1641 of the Civil Code.
VIII. - APPLICABLE LAW AND COMPETENT JURISDICTION
The present general conditions of sale will be governed by French law.
Any dispute relating to the interpretation and execution of sales of products will be under the exclusive jurisdiction of the Commercial Court of Nanterre.
The Seller elects residence 51 rue Maurice Philippot, 92260 Fontenay aux roses.