GENERAL TERMS AND CONDITIONS OF SALE OF EMBALFORME
General Clause: Our sales are subject to these General Terms and Conditions, which prevail over any purchasing conditions unless a formal and explicit derogation is granted by us.
Prices / Orders: Our free quotes are valid for one month from the date of issue. Our prices are net, excluding VAT, ex-works according to the current price list. An order will only be considered accepted once we have returned an acknowledgment of receipt of the order.
Tooling: In the case of tooling construction, we charge the buyer a contribution to tooling costs. The tooling remains, without exception, the full and exclusive property of our company.
Execution: Prior to any production series, the client must request sample parts (piece production) or a proof for engraving (decoration). They have a 5-day period to accept them. Our liability is not engaged if we cannot execute the order due to force majeure or a lack of raw materials. We perform statistical quality control before shipment. Consequently, any request for full inspection will be subject to a separate quote.
Delivery / Transport: The delivery time attributed to an order is indicative and may be modified without notice; failure to meet this timeframe cannot give rise to penalties or damages. If a delivery is delayed for reasons beyond our control, it will be deemed to have been made on the agreed date. Unless otherwise specified, the number of items delivered, which forms the basis for invoicing, may vary by ±20% compared to the original order. Within this tolerance, no claims will be accepted. Even if shipped carriage paid, goods travel at the buyer’s risk, who must seek recourse against carriers in case of delay, loss, or damage.
Cancellation: Any order cancellation must be notified within eight days following the order by the client. After this period, the client’s cancellation cannot be considered. The goods must be collected, and the related invoice must be settled. Any executed proof for engraving will be invoiced in case of order cancellation, even before the eight-day period.
Warranty: In case of hidden defects acknowledged within one month from the arrival of the items at the client’s premises, we guarantee the replacement of defective products after recovery of the disputed goods, excluding any compensation for incidental costs or other damages.
Retention of Title: In accordance with the law of May 12, 1980, our company retains ownership of the goods and services provided until full payment of the principal and ancillary price. These provisions do not prevent the transfer of risk to the buyer upon delivery, including the risk of loss or damage to the sold goods and any resulting damages.
Payment Terms: For any client without an account in our books, payment is due upon ordering. Our prices always assume payment in cash at our premises and without discount, unless otherwise specified in writing and accepted by our company. Our bills of exchange must be returned with acceptance within 8 days of receipt. Any payment made after the due date incurs late payment penalties equal to three times the legal interest rate. In accordance with Articles L.441-6 and D.441-5 of the French Commercial Code, the fixed penalty for collection costs is set at €40. Failure to pay any installment may result in the repossession of goods, suspension, or cancellation of ongoing order deliveries.
Acceptance by the Buyer: These General Terms and Conditions of Sale are accepted by the buyer, who declares and acknowledges full knowledge of them and, consequently, waives any contradictory document, including their own general purchasing conditions.
Governing Law and Dispute Resolution: The law applicable to this agreement is French law. Any dispute relating to this sale, even in the case of warranty claims or multiple defendants, will, failing an amicable agreement, fall under the exclusive jurisdiction of the Commercial Court of Nanterre.