General terms and conditions of sale
General terms and conditions of saleClause 1: Purpose
The general conditions of sale described hereafter detail the rights and obligations of the company Mrs brigitte ALIX and her client within the framework of the sale of the following goods: ... (the seller must list the goods subject to the GTC).
Any service provided by the company Mrs. Brigitte ALIX therefore implies the buyer's unreserved adherence to these general terms and conditions of sale.
Clause n° 2 : Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The company Mrs. Brigitte ALIX grants herself the right to modify her prices at any time. However, she undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n° 3: Discounts and rebates
The proposed rates include the discounts and rebates that the company Mrs. Brigitte ALIX would be led to grant in view of its results or the assumption of certain services by the buyer.
Clause n° 4 : Discount
No discount will be granted for early payment.
Clause n° 5: Terms of payment
The payment of the orders is carried out:
either by check;
Contact support to receive instructions.
or by credit card;
Clause n° 6 : Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay to the company Mrs brigitte ALIX a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods.
As from 1 January 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of 20 August 2014).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to the late payment penalties, any sum, including the down payment, not paid by its due date shall automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause no. 7: Resolutive clause
If within fifteen days following the implementation of the clause "Late payment", the buyer has not paid the outstanding sums, the sale will be automatically cancelled and may give rise to the allocation of damages to the benefit of the company Mrs. Brigitte ALIX.
Clause n° 8: Retention of title clause
The company Mrs brigitte ALIX retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to a receivership or a judicial liquidation, the company Madame brigitte ALIX reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause n° 9 : Delivery
The 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 at the place indicated by the buyer on the order form.
The delivery time indicated at the time of order registration is given only as an indication and is not guaranteed in any way.
Consequently, any reasonable delay in the delivery of the products will not be able to give rise to the buyer to :
the allocation of damages;
cancellation of the order.
The transport risk is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must make 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 acknowledgement of receipt.
Clause n° 10: Force majeure
The responsibility of the company Mrs. Brigitte ALIX cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of absolute necessity. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n° 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to American law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of SAINT PIERRE.
Mrs brigitte ALIX
20 bis chemin relais des gîtes, chemin bassin martin
97410 Saint pierre la reunion, FRANCE