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General conditions of sale
Clause No. 1: Purpose and Scope
of Application
These General Terms and Conditions of Sale (GTC) constitute the basis of commercial negotiations and are systematically sent or provided to each buyer to enable them to place orders.
The General Terms and Conditions of Sale described below detail the rights and obligations of the company ... (company name) and its customer in connection with the sale of the following goods: ... (the seller must list the goods subject to the GTC).
Any acceptance of the quote/purchase order, including the clause "I acknowledge having read and accept the attached General Terms and Conditions of Sale" implies the buyer's unconditional acceptance of these General Terms and Conditions of Sale.
Clause No. 2: Price
The prices of the goods sold are those in effect on the day the order is placed. They are expressed in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and shipping costs applicable on the day of the order.
The company ... (company name) reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated when the order was placed.
Clause No. 3: Discounts and Rebates
The prices offered include any discounts and rebates that the company ... (company name) may grant based on its performance or the purchaser's assumption of certain services.
Clause No. 4: Discount
No discount will be granted for early payment.
Clause No. 5: Payment Methods
Orders may be paid:
• by check;
• by credit card;
• if applicable, indicate other accepted payment methods. Payments will be made under the following conditions:
• Payment within 30 days following receipt of the goods
or
• Payment within 45 days of the end of the month following the invoice date
or
• Payment within 60 days of the invoice date
Clause No. 6: Late Payment
In the event of total or partial non-payment of the goods delivered on the due date,
the buyer must pay the company ... (company name) a late payment penalty equal
to three times the legal interest rate.
The legal interest rate used is the one in effect on the date of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014). This penalty is calculated on the amount remaining due, including VAT, and runs from the due date, without the need for prior formal notice.
In addition to late payment penalties, any amount, including the deposit, not paid by its due date will automatically result in the payment of a fixed penalty of €40 for recovery costs.
Articles 441-10 and D. 441-5 of the French Commercial Code.
Clause No. 7: Termination Clause
If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically terminated and may give rise to the award of damages to the company... (company name).
Clause No. 8: Retention of Title Clause
The company ... (company name) retains ownership of the goods sold until full payment of the price, including principal and incidentals. As such, if the buyer is subject to receivership or liquidation, the company ... (company name) reserves the right to claim, as part of the collective proceedings, the goods sold and remaining unpaid.
Clause No. 9: Delivery
Delivery is made:
• either by direct delivery of the goods to the buyer;
• or by sending a notice of availability in store to the buyer;
• or by dropping off the goods at the location indicated by the buyer on the order form.
The delivery time indicated when the order is placed is given for information purposes only and is not guaranteed. Consequently, any reasonable delay in the delivery of the products shall not give rise to the following claims for the benefit of the buyer:
• the award of damages;
• cancellation of the order.
The risk of transport is borne entirely by the buyer.
In the event of goods missing or damaged during transport, the buyer must state all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt addressed to the company.
Clause No. 10: Force Majeure
The liability of the company ... (company name) cannot be invoked if the non-performance or delay in the performance of any of its obligations
described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure is understood to mean any external, unforeseeable, and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause No. 11: Competent Court
Any dispute relating to the interpretation and execution of these general terms and conditions of
sale is subject to French law.
Failing an amicable resolution, the dispute will be brought before the Commercial Court ...
(location of the registered office).