GENERAL TERMS OF SALE

Article 1

 

Our sales are subject to these general terms which shall prevail over any other terms of sale unless we expressly and formally waive them.

 

Article 2

Invoices reflect merchandise cost during the month of shipment and are due and payable 30 days after the invoice date.

In the event any payment is not made by its due date, all other outstanding payments shall become immediately due and payable.

Furthermore, as a penalty and in accordance with legal provisions (Article 33 – Ordinance of 1 December 1986) the buyer shall be fully liable for a late fee determined by subjecting the full amount of all outstanding payments to an interest rate equal to 1.5 times the legal interest rate.

If payment is made at the time the invoice is received, a discount of 2^% shall be applied to the price (exclusive of taxes).

Regardless of the form of payment. No novation or exemption may be made at the place of payment situated at the company’s registered address.

 

Article 3

The number of items indicated on our bags is subject to a margin of error of +/-3 %.

 

Article 4

Regardless of the method used by the customer to place an order, we reserve the right to require the express and written confirmation thereof.

 

Article 5

All merchandise is shipped at the risk of the addressee.

The transfer of risk occurs at the time that the merchandise is acquired either directly by the customer or by the transporter which it has designated or which, in the event the customer has not designated one, has been selected by us.

The customer must therefore inspect the products immediatelyupon their arrival on its premises to ensure that the merchandise is in acceptable condition, that it consists of the appropriate quantity, and that it is consistent with the specifications stated in the shipping form.

The customer must immediately notify us of any complaint, and no claim shall be admissible if it is not asserted within one week of the reception of the merchandise.

In such a case, the customer shall bear the cost and assume the risks of returning the merchandise which, if done without authorization and without the customer having first submitted a claim within the period specified in the preceding paragraph, is subject to refusal.

 

Article 6

RESERVATION OF TITLE CLAUSE

We shall retain title to our merchandiseuntil the effective payment of the full price and associated costs.

In the event payment is stopped, either de facto or de jure, merchandise that is still in the possession of the buyer shall be presumed to be that which is still unpaid (with the understanding that we shall first reclaim the merchandise that is in working order).

These provisions do not prevent the transfer to the customer, at the time of delivery, of the risk of loss or damage to the purchased merchandise or of any damages that may be occasioned thereby.

 

Article 7

Any dispute regarding our sales, even those regarding claims for third-party contribution or a multitude of defendants, shall, in the absence of an amiable settlement, be within the exclusive competence of the Commercial Court of BOURG EN BRESSE.