GENERAL CONDITIONS OF SALE CGV
1. General :
Any order is subject to these conditions, notwithstanding any additional or contrary clause that may appear on the purchase orders or any other document of the buyer. To be valid, any waiver or modification to these conditions must be stipulated in writing and bear the signature of a person who can bind our company. Failure to exercise a right provided for by the previous conditions cannot be considered as a waiver to exercise a similar right or any other right provided for by these conditions at a later date. The fact that one provision proves to be void or not applicable does not prevent the others from continuing to bind the parties.
2- Orders:
Only orders made in writing will be taken into account. They only bind us after written confirmation from us. No order can be partially or totally canceled during execution.
3- Deliveries:
Unless otherwise agreed, delivery times are given for information purposes only. Consequently, any delay, unless it is abnormally prolonged, cannot engage our liability, nor lead to even partial cancellation of the order. Fire, breakdown, strike, supply difficulties are considered by the parties to be force majeure.
4- Price conditions:
Our prices are in principle determined when placing the order. Failing this, they are fixed by reference to the price in force at the time of delivery with application of the discount usually applied. Any modification of the tax taxes applicable to the contract will be subject to an impact on the agreed price. The company also reserves the right to modify its prices without notice.
5- Fabrication :
We reserve the right to make any modifications made necessary by production requirements to the information contained in our catalogs and advertising documents.
6- Shipping:
Whatever the conditions of sale and the destination of the goods, even if they are shipped free of charge, they are deemed to be delivered ex-store and travel at the recipient's risk. This principle cannot be deviated from by taking charge of all or part of the transport, the latter not modifying the moment of transfer of responsibility. Consequently, it is up to the recipient, in the event of damage or missing items, to take any precautionary measures against the carrier with reservations noted on the delivery note with confirmation by registered letter within a maximum period of two days, date of delivery. delivery.
7- Guarantee:
The warranty on our products (unless otherwise agreed) is strictly limited to the replacement of the product itself with an equivalent product, to the exclusion of any compensation and/or additional costs (for example: installation and refitting costs). It is only valid under normal conditions of private use. For example, some causes for definitive termination of the warranty: bathtub sold for exhibition, difficult or impossible accessibility to the bathtub equipment, damage not reported upon receipt of the goods, use of non-compliant maintenance products such as bleach, non-compliant power supply as well as any modification made to the equipment without prior notice. The warranty period is 10 years for single bathtubs, 2 years for balneotherapy bathtubs and 4 years for standard exchange parts.
8- Force majeure:
Force majeure is deemed to include strikes, mobilizations, breakdown of goods, machine breakdown, moving, fires or accidents which prevent or delay the manufacture or delivery of the goods. These cases of force majeure give us the option to terminate or suspend the performance of our commitments.
9- Reprise :
Under no circumstances will goods delivered in accordance with the order be taken back without prior agreement from us. In this case, any transport costs as well as a deduction of 20% of the invoice amount will be the responsibility of the buyer. The costs of returning to the factory for verification, revision, exchange, etc. are always the responsibility of the customer.
10- Payment conditions:
Whatever the method of payment, and unless expressly waived, our sales are deemed to be made in cash, without discount, and our invoices payable in cash at our head office. The expiry of the term constitutes formal notice within the meaning of article 1146 of the civil code. In the event of late payment, interest will automatically accrue at a rate equal to the interest rate applied by the ECB to its most recent financing operation increased by 10 percentage points, in accordance with law LME 2008-776. These amounts will be increased by the corresponding VAT. In the event of non-payment of our invoices when due (article 1226 of the civil code), the customer will also be automatically liable for damages in an amount equal to three times the legal interest rate in force in France at this same date. In the event of non-payment after 60 days of the due date (article 1226 of the civil code), the customer will also be automatically liable for damages in an amount equal to all sums due on this date (due date). 60 days).
In accordance with article L 441-6 of the Commercial Code, any professional in a situation of late payment is automatically liable to the creditor for fixed compensation of 40 Euros for recovery costs. When the recovery costs incurred are greater than the amount of this fixed compensation, the creditor reserves the right to request additional compensation, upon justification.
This compensation is payable without prior reminder. However, the creditor will not be able to claim the benefit of this compensation when the opening of a safeguard, reorganization or judicial liquidation procedure prohibits the payment when due of the debt owed to him.
11- Reservation of ownership:
By express derogation from the provisions of article 1583 of the Civil Code, although he assumes all the risks, the purchaser only becomes owner of the goods after payment of the entire agreed price, plus costs and penalties. possible. It is therefore prohibited to pledge the goods or transfer them as security. In the absence of payment on the due date of any sum due, such as in the event of judicial recovery, judicial liquidation or in the event of non-performance of any of the buyer's commitments, sales in progress will be canceled immediately. full rights without us having to complete any legal formalities, eight days after a simple formal notice, by registered letter with acknowledgment of receipt which remained without effect. From now on, if such an eventuality were to occur, the buyer authorizes us to take back the goods wherever they are; Finally, the recovery of claimed goods will impose on the purchaser the obligation to repair the damage resulting from the cancellation of the sale, from the possible depreciation and in any event, from the unavailability of the goods concerned. Consequently, he will owe, as a penalty clause, compensation set at fifteen percent of the agreed price per month of detention of the repossessed goods. If the termination of the contract renders us debtors of deposits previously received, we will be entitled to offset this debt with the debt arising from the application of the penalty clause stipulated above.
12- Jurisdiction clause:
The Amiens High Court has sole jurisdiction over any dispute relating to our sales, regardless of the country to which our goods are intended. In the event of an international transaction, only French law and the French language are applicable. Any clause to the contrary is deemed unwritten and supersedes this attribution of powers which applies to any dispute, as well as in the event of a warranty claim and multiple defendants.