General terms and conditions of sales

ARTICLE 1 GENERAL TERMS AND CONDITIONS

The finalization of orders is subject to the acceptance by the buyer of the terms and conditions below, and any clauses and conditions to the contrary which could be printed on the orders, printed on the correspondence of the buyer or of the buyer’s representative will be considered to be null and void.

 

ARTICLE 2 – PURCHASED ORDER

  1. A copy of the order will be considered as confirmation.
  2. No changes can be made to the order by either party after 15 business days have passed from the date of the order.
  3. As the manufacturing of the designs ordered begins upon completion of this 15 day period, the amount of the order will be due in full from the expiry of said deadline.
  4. The offer must indicate:
  • the reference or description of the article;
  • the number with an indication of the size and colour;
  • the price on the date of the order
  1. Once the provisions above have been fulfilled, the contract will be considered to have been definitively concluded pursuant to articles 1583 et seq. of the French Civil Code.

 

ARTICLE 3 –PRICE AND DELIVERY

Unless otherwise agreed in writing, the sales prices indicated to the customers are ex works and they do not include taxes.

The merchandise is transported at the risk and peril of the buyer himself if the goods are sold freight prepaid. In the event of damage, theft, partial or total loss, the buyer must take any actions against the transporter and make any claims.

 

ARTICLE 4 – INVOICING

The invoices are dated on the date that the merchandise is made available to the customer and their value date is the date that they are issued.

 

ARTICLE 5 – PAYMENT

Payment in cash must take place at the latest 8 days from the date the invoice is received. Deferred payment must be specified on the invoice and is subject to the issuing of a bill of exchange by a bank which must be provided to the seller within 8 days as from receipt of the invoice.

If payment of an invoice is delayed or an invoice or a bill of exchange are not paid when due or even if the abovementioned bill of exchange is not provided, all payables will become due immediately and will bear interest from the date on which the invoice was to be settled or the day that the bill of exchange was to have been paid or the day that the bill of exchange was to have been provided.

 

ARTICLE 6 – CLAIMS

A claim cannot be accepted unless it has been set forth in a registered letter within the eight days following receipt of the merchandise. Once this period of time has passed, no claim will be allowed for any reason.

 

ARTICLE 7 – DELAY  – FORCE MAJEUR

In the event of a delay in delivering, no cancellation or termination can be considered to be valid if it is not preceded by a notification from the buyer provided in the form of a registered letter. Upon receipt of this notification, the manufacturer reserves the right to be entitled to deliver within a maximum time-period of 30 days.

In the event of force majeure or an unexpected delay in the delivery of raw materials or defective deliveries from its suppliers or service providers and to the extent that the seller can justify this, the buyer shall not be entitled to demand delivery within the original time period, nor compensation of any type.

 

ARTICLE 8 – ADVERTISING MATERIAL

All the advertising material provided to the buyer by the seller remains the property of the latter and cannot be removed or assigned. It can only be used with the agreement of the seller who reserves the right to have it returned without notification or compensation being forthcoming.

 

ARTICLE 9 – PROTECTION OF THE DESIGNS

Pursuant to the laws and regulations in effect, the buyer is prohibited from reproducing the designs that it has purchased or seen, either in whole or in part, subject to prosecution. The buyer is also prohibited from transferring to third parties any information which would make possible the total or partial reproduction of these designs, and in this case the buyer would be guilty of complicity in the crime of counterfeiting.

 

ARTICLE 10 – DISPUTES

The Commercial Court of Paris will have jurisdiction over any dispute of any type. The laws of France will be the only applicable laws.

 

ARTICLE 11 – OWNERSHIP

In application of the law of 12 March 1980, the merchandise delivered remains the property of the company until payment of the price charged for it.

 

ARTICLE 12 – LABELLING

The buyer shall under no circumstances or for any reason remove or change the labelling of the merchandise delivered, in any way.

 

ARTICLE 13 – CUSTOMERS

The buyer undertakes to sell the merchandise solely to its individual customers and shall carry out no wholesale or semi-wholesale selling.

 

ARTICLE 14 – ELECTRONIC MAIL

In their relationships, the parties agree that electronic mail is valid and can be used as proof.