GENERAL TERMS AND CONDITIONS OF SALE GTC

1- General information:

All orders are subject to these terms and 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 of these terms and 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 preceding terms and conditions shall not be considered as a waiver of the exercise of a similar right or any other right provided for by these terms and conditions at a later date. The fact that a provision proves to be null or unenforceable does not prevent the others from continuing to bind the parties.

2- Orders:

Only orders placed in writing will be considered. They are only binding upon us after written confirmation from us. No order may be partially or totally cancelled 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 responsibility, 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 generally determined when the order is placed. Otherwise, they are set by reference to the price in effect at the time of delivery, with the usual discount applied. Any change in the tax rates applicable to the contract will be reflected in the agreed price. The company also reserves the right to change its prices without prior notice.

5- Fabrication :

We reserve the right to make any changes made necessary by production requirements to the information contained in our catalogues and advertising documents.

6- Shipping:

Regardless of the conditions of sale and the destination of the goods, even if shipped carriage paid, they are deemed to be delivered ex-warehouse and travel at the recipient's risk. This principle cannot be waived due to the assumption of all or part of the transport, the latter not changing the time of transfer of responsibility. Consequently, it is the recipient's responsibility, in the event of damage or shortage, to take any precautionary measures against the carrier by stating reservations on the delivery note with confirmation by registered letter within a maximum of two days from the delivery date.

7- Guarantee:

The warranty on our products (unless otherwise agreed) is strictly limited to the replacement of the product itself with an equivalent product, excluding any compensation and/or additional costs (for example: installation and reinstallation costs). It is only valid under normal conditions of private use. For example, some causes for definitive termination of the warranty: bathtub sold for display, difficult or impossible access to the bathtub's equipment, damage not reported upon receipt of the goods, use of non-compliant cleaning products such as bleach, non-compliant electrical supply as well as any modification made to the equipment without prior notice. The warranty period is 10 years for simple bathtubs, 2 years for whirlpool bathtubs and 4 years for standard exchange parts.

8- Force majeure:

Strikes, mobilizations, breakage of goods, machine breakdowns, relocations, fires or accidents that prevent or delay the manufacture or delivery of goods are deemed to be cases of force majeure. These cases of force majeure give us the right to terminate or suspend the execution of our commitments.

9- Reprise :

Under no circumstances will goods delivered in accordance with the order be returned without our prior agreement. In this case, any transport costs as well as a deduction of 20% of the invoice amount will be borne by the buyer. The cost of returning the goods to the factory for inspection, revision, exchange, etc. is always the responsibility of the customer.

10- Payment conditions:

Regardless of the payment method, 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 accrue automatically at a rate equal to the interest rate applied by the ECB to its most recent financing operation plus 10 percentage points, in accordance with LME Law 2008-776. These amounts will be increased by the corresponding VAT. In the event of non-payment of our invoices on the due date (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 on that same date. In the event of non-payment after 60 days from 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 that date (due date 60 days).

In accordance with Article L 441-6 of the French Commercial Code, any professional in a situation of late payment is automatically liable to the creditor for a fixed compensation of 40 Euros for recovery costs. When the recovery costs incurred exceed 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 may not claim the benefit of this compensation when the opening of a safeguard, recovery or liquidation procedure prevents the payment on its due date of the debt owed to him.

11- Retention of title:

By express derogation from the provisions of Article 1583 of the Civil Code, although he assumes all risks, the purchaser only becomes the owner of the goods after payment of the full agreed price, plus any costs and penalties. He therefore undertakes not to pledge the goods or transfer them as security. In the event of non-payment on the due date of any sum due, as in the event of receivership, liquidation or in the event of non-performance of any of the purchaser's commitments, current sales will be automatically terminated without us having to complete any legal formalities, eight days after a simple formal notice, by registered letter with acknowledgment of receipt remaining without effect. From now on, if such an eventuality were to occur, the purchaser authorizes us to repossess the goods wherever they are; Finally, the repossession of claimed goods will impose on the purchaser the obligation to repair the damage resulting from the cancellation of the sale, any depreciation and in any event, 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 makes us debtors of deposits previously received, we will be entitled to offset this debt with the claim arising from the application of the penalty clause stipulated above.

12- Jurisdiction clause:

The High Court of Amiens has sole jurisdiction to hear any dispute relating to our sales, regardless of the country for which our goods are intended. In the event of an international transaction, French law and the French language alone shall apply. Any clause to the contrary shall be deemed unwritten and shall be superseded by this attribution of jurisdiction, which shall apply to any dispute, as well as in the event of a warranty claim and multiple defendants.