Terms of Sales

Any order for products, whether standard or promoted, signifies the knowledge and acceptance, by the Buyer and without reservation, of the Seller's general conditions of sale. They cancel all other conditions issued previously.
These general conditions include the prices, this text and the appendices. Unless it is accepted in advance and in writing by the Seller, no particular condition can prevail over the General Conditions of Sale.
Any condition proposed by the Buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.
The placing of an order by the Purchaser necessarily entails his renunciation to avail himself of any General Conditions of Purchase or to invoke any provision contrary to these Conditions.

Orders, delivery times
1. Orders are firm and final and no cancellation or modification will be possible without prior written acceptance by the Seller. Unless it is demonstrated that the cancellation comes from the Seller, any down payments made will remain acquired by the Seller as damages.
2. Only orders containing the following information will be executed: date of the order, description of the products, quantities, applicable price list, total amount of the order, place and date (day and time) of desired delivery / collection, name and contact details of the transporter responsible for the collection.
3. Orders can be executed within a minimum period of 3 to 7 working days (Saturdays, Sundays and public holidays excluded) after their receipt by the Seller. This period is extended to 14 working days for products such as diamonds.
These delivery times are indicative. Any delays can not justify compensation, refusal of goods, or cancellation of the order.
The Seller undertakes to inform the Purchaser of any unavailability of the product, whether temporary or lasting, this unavailability rendering any delivery deadline irrelevant.
Any non-compliance with the delivery conditions by the Purchaser entails the right for the Vendor to invoice the Purchaser for the carrier's waiting time.
4. The Seller reserves the right to split any order in the event that the quantity ordered at one time, or in series of successive orders transmitted within a period of 7 days represents more than 50% of the quantities delivered during the period. past calendar year.
5. To be admissible, any dispute regarding the condition of the goods must have been the subject of reservations recorded on the delivery slip, signed by the recipient and countersigned by the delivery person.
6. The Seller reserves the right to suspend its deliveries at the occurrence of any event likely to reveal a decrease in the apparent solvency of the Buyer.

Logistics
If the Buyer comes to load the goods at the Seller's premises, the transport is carried out at the risk and peril of the Buyer without any exception and despite the terms of the article on the Retention of Title Clause. In the event that the goods circulate accompanied by customs or tax documents, if these documents are not returned on time, the Buyer will reimburse the Seller for all sums that the Seller may have to bear, including duties and taxes.
To prepare orders subject to collection, the Seller must have received confirmation of the appointment 7 working days before the date of collection. Carriers must respect the security protocol in force at the collection site.

Financial terms
1. Prices are for cash payment.
They can be changed at any time without notice.
No discount is granted for early payment unless expressly agreed otherwise.
The prices include specific conditions depending on the geographical area of delivery.
Any order that can be delivered at one time and in the same place must contain a minimum of one article.
2. All payment documents (promissory notes, LCR, checks, etc.) must reach the Seller before the due date indicated on the invoice.
3. Consequences of any total or partial non-payment, on the payment date indicated on the invoice:
□ immediate payment of all sums due regardless of the payment method provided and the due date.
□ payment as a penalty clause of compensation equal to 100% of the sums due and unpaid, including any legal and extrajudicial costs, in particular penalties and bank charges where applicable. This penalty clause will apply without the Seller having to justify the extent and nature of his damage.
□ compensation, up to the amount of the principal plus interest, costs and accessories, with all assets, credits, refunds, rebates, discounts or discounts and more generally any sums that the Seller may owe to the Buyer for any reason whatsoever it would be.
□ suspension of any delivery until full payment.
□ termination of any contract or any order in progress after formal notice to pay, by RAR letter, has remained ineffective.
□ loss of discounts, rebates, discounts, possibly granted by the Seller but not yet paid,
□ cash payment for deliveries of an order following the date on which the default on payment was noted.
Any unilateral deduction on the part of the Purchaser on one of its payments would be considered as a default of payment and could lead to all of the above consequences.
4. The invoice is established at the rate applicable to the geographical area of delivery, in force on the date of delivery. The invoice is established according to the taxation in force and will be modified automatically in the event of modification of this one.
5. Any return accepted by the Seller or unavailability of the ordered product communicated by the Seller will result in the constitution of a credit for the benefit of the Buyer, this credit not being in any case an acceptance by the Seller of any penalty or of any damages whatsoever.

Title retention clause
All goods remain the property of the Seller until full payment of the price.
It is specified that by full payment of the price the Seller means the actual collection of the payment document and not the delivery of a document creating an obligation to pay.
In the event of payment in installments, there is no full payment until payment of all due dates.
Any extension of maturity granted will be subject to the same retention of title.
The risks of loss or deterioration of the goods as well as the responsibility for the damages which they could cause are transferred to the Buyer upon delivery of the goods. The Buyer must insure them on behalf of the Seller and at its expense.
The goods will be used or resold by the Buyer in the chronological order of the Seller's deliveries. Consequently, the goods in stock with the Purchaser will be deemed to relate to the Vendor's unpaid invoices. The return of goods belonging to the Seller under this clause will be at the expense and risk of the Buyer. Where applicable, the Seller reserves the right to claim the merchandise in the hands of all sub-purchasers.
In the event of resale, the claim may be exercised on the price of the goods or any corresponding claim, even in the hands of any holder or assignee, the Buyer agreeing to lend his assistance to the Seller for the recovery of these claims. from sub-buyers.
In all cases, the Seller is subrogated in the rights of the Buyer with regard to any sums or indemnities which may be due to him, for any reason whatsoever, and in particular insurance, up to the amount of the price goods delivered and not yet paid for.

Guarantees
The Seller's contractual obligations are automatically suspended and the Seller's liability is released in the event of events likely to stop or reduce the manufacture, transport of goods or prevent the normal execution of sales. Likewise, the Seller cannot be held liable in the event that the products sold are stored in abnormal conditions or incompatible with their nature.
The Seller's guarantee is limited to the replacement of goods recognized as defective to the exclusion of all damages for any reason whatsoever, in particular loss of material, loss of profit, etc., and in general for any alleged damage, direct or indirect, the Buyer having to check the goods before use or resale.
To guarantee the quality of its products and preserve its brands, the Seller has the right to take back, wherever it is, products whose quality is in doubt, the Buyer committing to providing assistance, in particular logistics and establishing a stock.

Litigation
Any claim by the Buyer for sums that the Seller could possibly owe him for any reason whatsoever must be notified by recorded delivery letter no later than 1 month after the calendar year for which the sum is claimed. Otherwise, the complaint is not admissible.
In the event of a dispute in the interpretation and / or execution of the present conditions, jurisdiction is attributed to the Commercial Court of COLMAR (Haut-Rhin); the applicable law being French law.