Terms of Sales
Any order automatically implies acceptance by the buyer of the these general conditions of sale. They prevail over all terms contrary stipulated by the buyer, in particular in its conditions of purchase and its purchase orders. Orders sent to us are always subject to our acceptance. This cannot result only from the issuance of an order acknowledgment or execution direct from the order. The information given in the catalogs, price lists and other commercial documents or on our site Internet does not are given for information only and cannot be binding on us.
The price applicable to a product is that of our price list in force at the date of the order or, failing that, that of the offer that we issue on consultation of the buyer. If this price undergoes a modification between the date of order and the delivery date, the new applicable price will be communicated to the buyer who, unless expressly refused within eight days, will be deemed to have accepted. The price is exclusive of tax, unpackaged product, taken in our stores (INCOTERM EXW “Ex Works”), unless otherwise agreed.
Invoices are payable in cash on collection or delivery, for the first order unless otherwise agreed between the parties. A payment advance or a deposit may however be requested from the buyer upon order, depending on its specifics. Only collection number of checks and negotiable instruments are worth full payment to us. All invoice for which no request for a duplicate is sent to us In a period of fifteen days after delivery or removal is deemed received by the buyer. No dispute on quantity or quality some products sold, or on a wording or an amount appearing on the invoice, cannot authorize the non-payment of an invoice on its due date. In case of partial delivery, the absence of additional delivery or the postponement of this cannot delay payment for products already delivered. Any complaint about the amount of one invoice is only taken into account if it is sent to us in writing within fifteen days of the issue of the invoice. Whether claim is founded, only a credit note is granted to the buyer. This asset can be cleared with the invoice if issued before its expiry. Partial or total non-payment of a due date makes late payment interest payable on the basis of a rate equal to 0.9% per month late, from the due date until payment effective. In addition, the non-payment of an invoice on the due date authorize to suspend the delivery of all current orders of the buyer and makes immediately payable all our debts to him, without formality prior. In case of recovery through litigation, a lump sum compensation of recovery equal to 20% of the sums due is invoiced to the buyer with A minimum of €150.
4. Delivery - Transfer of Risk and Custody
4.1. The buyer undertakes to receive the products at the place and date that we tell him. In case of default on his part, the delivery is deemed to have had place, under the agreed conditions, with all its effects. The deadlines for delivery are only given as an indication, their non-observance does not can result in no penalty for delay, or cancellation of order, or deferred payment. All the additional costs caused by delay beyond our control in the execution tion of a delivery are borne by the buyer. Force majeure, war, strikes, lockouts, roadblocks roads, epidemics, lack of materials, fires, floods, accidents tooling and any other fortuitous causes leading to a breakage of the supply of products from our suppliers, we emerge from the obligation to supply the products within the time initially planned concerned. If the event lasts more than thirty days from from the date of occurrence thereof, the sales contract that we have concluded with buyer may be terminated by the most diligent party, without that none of the parties can claim damages. The operations of loading of the products are carried out by the person who circulates the vehicle. In in all cases, the operations of unloading the products instead of delivery are ensured under the responsibility of the buyer, whatever either the participation brought to these by our driver or by the driver of the carrier chartered by us.
4.2. The burden of risk for the products sold is transferred to the buyer before loading into our warehouses, regardless of the conventions particulars concluded with the purchaser regarding transport. The guard of the products sold is also transferred to the carrier, whether chartered by us or by the buyer, before loading into our warehouses. It then passes to the buyer upon arrival of the products in his warehouses or its site, before unloading.
5.Transfer of ownership
We expressly reserve ownership of the products sold until the day of their full and effective payment. The buyer is obliged to take any steps to identify the products sold as our property until paid in full and effective. In the event of total or partial non-payment of an invoice to its expiry date, the buyer acknowledges that we have free access to his premises to enable us to draw up or cause to be drawn up an inventory of our products in its possession then, if no collection procedure is open against him, to resume or have resumed the unpaid products by any means, without prior formality. Notwithstanding this clause, the burden of risk and custody of the products sold are transferred to the buyer according to the terms of section 4.2.
6.1. In the event of a product quality defect, duly noted by
ourselves, our warranty is limited to the outright replacement of the
defective product Cou, when replacement is impossible, reimbursement of its price), excluding any compensation
direct or indirect damage suffered by the buyer or his staff
or any third party due to the defect. The duration
of our guarantee is equal to that granted to us by the
manufacturer or supplier of the product, with however a minimum of six
months from receipt of the product by the buyer.
6.2. However, in the event of an apparent defect in a product or loss
noted upon receipt by the buyer, our warranty is limited to
the liability of the carrier chartered by
our care, and is exercised only on condition that the buyer issues
on the spot precise and complete reservations on the title of
transport, which he notifies by extrajudicial document or registered letter
In a period of three days from receipt of the reasoned reservations
meeting with the carrier, and that he informs us of his complaint
within eight days of receipt.
6.3. Similarly, in the event of in-store collection or delivery by
our care, any apparent defect or any difference in quantity by
relation to the order must be noted immediately by the buyer and lead to:
• either a refusal of removal or delivery for defective products,
• either the issuance of precise and complete reservations on the
collection or delivery, confirmed by a written complaint within
a period of eight days, for any dispute on the quantity.
Failing this, the delivery of the products is deemed to comply with the order.
and no further claims by the buyer will be entertained.
6.4.In case of collection or delivery of a product without defect but not conform to the one ordered, our guarantee is also limited to the pure and simple replacement of the product by a product compliant, and is only exercised on condition that the buyer returns the non-compliant product in the exact condition in which it was delivered and that it address their complaint within eight days of from the reception.
6.5. Lose the benefit of the warranty, products modified by the purchaser or by a third party, the products which are not used in accordance with their destination and those which will have been used in ignorance of the manufacturer's recommendations and/or instructions for use. In the event that the warranty is invoked involving the replacement of products, these must be returned by the buyer at his own expense to our store, following the INCOTERM DDP
7. Return of products
No return of products can be made by the buyer without our prior written agreement. This consent can only be given as exceptionally, within a maximum period of three months from delivery of the products, provided that the products do part of our stock plan and that they are in new condition, in their original packaging. Products must be returned to our store following the INCOTERM DDP. The return of products is made at the price purchase invoiced minus a discount, the amount of which is communicated to the buyer in our return authorization, and takes the form of a non-refundable credit.
8.Revision of the contract
If we have serious reasons to fear difficulties in payment by the buyer on the date of the order, or after this, or if the buyer does not present the same guarantees as on the date of acceptance of the order, we can subordinate the acceptance of the order or the continuation of its execution to a cash payment, to a reduction of the payment period granted where applicable or to the provision of guarantees payment of our invoices.
9. Termination of contract
The sale is automatically canceled and without any other formality than a simple formal notice addressed to the buyer and remained unsuccessful for more than eight days, in the event of non-payment of a due date at the agreed term, as well as in the event of non-compliance with any of the obligations provided for in these general conditions of sale or in the particular conditions of sale.
10. Computing and Liberties
The buyer is informed that the personal information that may
be collected, in the context of automated processing or not
automated, are intended for our company, exclusively for
administrative and commercial management purposes. They are reserved for a
internal use and are therefore not subject to any transfer to third parties.
In accordance with Law No. 78-17 of January 6, 1978 relating to
IT, Files and Freedoms, the buyer has a
right of access, rectification and opposition concerning these
In case of dispute, the courts of PAU (64) have sole jurisdiction