General conditions of sale MATHILDE CABANAS
ART 1. Application of the General Conditions of Sale (CGV) Placing an order implies the buyer's full and unreserved acceptance of these General Conditions of Sale to the exclusion of any other document such as prospectus, catalog, issued by the SAS Mathilde Cabanas (“the seller”) and has only an indicative value. No special conditions can, unless formal and written acceptance from the seller, prevail over these General Terms and Conditions. Any contrary clause 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.
ART 2. Orders Orders addressed directly to the seller or through its agents or representatives only become final after sending the order confirmation (quote) by the seller. These General Conditions of Sale, the order accepted in writing by the seller as well as any document issued by the seller relating to the subject of the order form the contract. Any modification or resolution of the order requested by the buyer is subject to the express agreement of the seller. Such a request from the buyer can only be considered if shipment has not taken place and if it reaches the seller no later than seven (7) days after confirmation of the order. After this period, the order will remain valid and must be paid by the buyer. If one or more products are no longer available, the seller may offer a credit or a replacement product to the buyer.
ART 3. Sales Sales mainland France, Corsica and Europe: - minimum order €200 excluding tax. The minimum restocking is €200 excluding tax. - shipping costs amount to a flat rate of 7% of the amount excluding tax of the order. Export sales: Sales are ex-works: Ex-Works: minimum order €200 excluding tax. The minimum restocking is €200 excluding tax.
ART 4. PriceIf between acceptance of the order and delivery exceptional circumstances affect the economic balance of the contract and force the seller to increase its prices and/or modify its payment conditions, the latter will notify the buyer who will then have the possibility of terminating the contract in writing within seven (7) days from notification. Failing this, the new conditions will automatically apply to the contract. Any order must be paid according to the conditions agreed between the parties.
ART 5. DeliveriesDeliveries are made according to the seller's availability. Unless expressly agreed, our delivery times are given for information purposes only. The buyer cannot take advantage of a delay to cancel the sale, refuse the goods or claim compensation. If the buyer, after formal notice, does not take delivery of the goods, the seller may, without prejudice to damages, demand execution of the contract or consider the sale to be automatically terminated, the remaining deposits acquired at seller. In the event of successive deliveries, the defect or insufficiency of one delivery has no impact on other deliveries. Unless the buyer has previously and expressly refused, the seller is authorized to make full or partial deliveries and to combine backorders which do not reach the minimum amount required.
ART 6. Transfer of Risks The risks of the goods and in particular those inherent in their transport are transferred to the buyer upon delivery of these goods, which takes place at the time of their delivery or removal from our logistics warehouse, for all sales, whatever their destination (France or other countries) and whatever the terms of the sale or payment of the transport price. However, for orders that refer to INCOTERMS, the INCOTERMS rules in force at the time of the sale will be applied. It is up to the buyer alone to safeguard his rights vis-à-vis the carrier, by formulating his reservations within the deadlines and terms set by the rules applicable in the matter.
ART 7. Receipt and Complaints The seller guarantees that the quality of the products results exclusively from the technical specifications established by the seller to the exclusion of any other guarantee and/or liability.a/ Without prejudice to the arrangements to be made with regard to the carrier , complaints about apparent defects or non-conformity of the goods delivered to the goods ordered or to the shipping slip must be made in writing upon receipt of the goods and at the latest within eight (8) days of said receipt. b/ It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted. The buyer must allow the seller every opportunity to identify these defects and remedy them. The buyer will refrain from intervening himself or involving a third party for this purpose.c/ If the buyer has not carried out a quality control of the goods within eight (8) days from its receipt, or if, having done so, it has used or transferred said goods to third parties, the seller cannot be held responsible for damage of any nature which may result from its use by the buyer or by third parties.d/ In the event that the goods are not used for a purpose or according to a process usually accepted for products of the same type, no complaint will be admissible.e/ As soon as the buyer has sent his complaint to the seller within the time limits indicated and provided that the seller's liability is established, the seller undertakes to replace any goods that he has recognized as non-compliant or suffering from an apparent defect, to the exclusion of any other compensation and/or damages. If applicable and upon simple request from the seller, the buyer will be required to return any replaced or refunded goods.f/ Whether founded or not, the complaint in no way releases the buyer from the payment obligation. of the price in the terms of the contract. No after-sales service can be taken into account if there are still outstanding invoices.
ART 8. Reservation of Title Ownership of the goods sold is reserved for the seller until full payment of the price and its accessories, it being specified that the risks of the goods are transferred to the buyer upon delivery as indicated in Article 6. above. Consequently, the seller reserves the right to demand, in the event of late payment or total or partial default of payment, upon first request and without prior notice, the return of the delivered goods, regardless of the place where she is. The goods in stock in the premises (stores, warehouse depots, etc.) of the buyer will be deemed to relate to unpaid invoices. The buyer therefore undertakes not to grant to third parties any rights likely to prejudice the exercise of this clause. All costs relating to the return of the goods to the seller's premises will be the responsibility of the buyer. In the event of insolvency proceedings against the buyer, the buyer must: (1) inform the seller within 24 hours; (2) immediately stop selling the goods for which he has not yet acquired ownership. The buyer will also be held to the obligations incumbent on him in his capacity as guardian. Consequently, the buyer will have to pay the amount of the price of the goods in the event of their disappearance, whether accidentally or not. The buyer is prohibited from removing packaging or labels appearing on existing goods in stock and not yet paid for. The above provisions will apply, without prejudice to any action for damages for failure to pay the total or partial price.
ART 9. Payment For mainland France, Corsica and Europe: - 1st order: 100% upon order - Subsequent orders: 100% within 30 days after confirmation of the order (proof of transfer in support). Export sale: Payment on Proforma invoice by bank transfer before departure of the goods. Failure to pay a single installment to the seller immediately makes all of the seller's outstanding installments due and the suspension of deliveries until full payment is made, including the related costs. Whether founded or not, the buyer's complaint does not in any way release him from the obligation to pay the price under the terms of the contract. Any unpaid or rejected bill or check will be charged €20. Any late payment generates a penalty equal to 10% as well as a lump sum compensation for recovery costs of a minimum amount of €40, due the day after the due date specified on the invoice, and payment by the debtor of recovery costs (bailiff and court costs). .
ART 10. Failure to Pay a/ Non-payment of a single invoice constitutes a serious breach by the buyer and authorizes the seller to suspend other deliveries or to consider the contract as automatically terminated at the fault of the buyer. Buyer, all rights to compensation reserved. In the same case, when the contract provides for a form of term payment and the buyer does not pay within the terms or submits a complaint on a lot already delivered, the seller will always have the right to revoke the deadline and request the advance payment for subsequent deliveries or contracts. If the buyer does not respond to this request, the seller may terminate the contract at the buyer's discretion, any right to compensation reserved. b/ If the financial situation of the buyer gives rise to justified concerns, the seller reserves the right, for orders in progress, to demand payment in cash. c/ In the event of staggered shipments of the products covered by an order, the invoices corresponding to each delivery are payable on their respective due date, without waiting for all of the products covered by the order or contract to have been completed. been delivered.
ART 11. Cases of Force MajeureAre contractually assimilated to force majeure and will constitute causes of extinction or suspension of the seller's obligations, without recourse from the buyer, accidents affecting the production and storage of its products, the cessation total or partial supply of raw materials or energy, in particular, failure of the carrier, fire, flood, machine breakdown, total or partial strike, administrative decisions, acts of third parties, war and any external event which would be likely to delay, prevent or make economically exorbitant the execution of the seller's commitments.
ART 12. Jurisdiction Clause and Applicable Law These General Conditions of Sale as well as any related contract are governed by the law applicable in the seller's country and interpreted in accordance with this law, to the exclusion of the United Nations Convention on international sale of goods of April 11, 1980. Any dispute arising between the parties to the contract will be submitted to the competent Courts within the jurisdiction of which the seller's head office is located. In the event that the buyer is sued by third parties before another court, he now waives the right to call upon the seller as a guarantee before any other court.
ART 13. Online sales Online sales are tolerated subject to respecting our list of recommended retail prices.
ART 2. Orders Orders addressed directly to the seller or through its agents or representatives only become final after sending the order confirmation (quote) by the seller. These General Conditions of Sale, the order accepted in writing by the seller as well as any document issued by the seller relating to the subject of the order form the contract. Any modification or resolution of the order requested by the buyer is subject to the express agreement of the seller. Such a request from the buyer can only be considered if shipment has not taken place and if it reaches the seller no later than seven (7) days after confirmation of the order. After this period, the order will remain valid and must be paid by the buyer. If one or more products are no longer available, the seller may offer a credit or a replacement product to the buyer.
ART 3. Sales Sales mainland France, Corsica and Europe: - minimum order €200 excluding tax. The minimum restocking is €200 excluding tax. - shipping costs amount to a flat rate of 7% of the amount excluding tax of the order. Export sales: Sales are ex-works: Ex-Works: minimum order €200 excluding tax. The minimum restocking is €200 excluding tax.
ART 4. PriceIf between acceptance of the order and delivery exceptional circumstances affect the economic balance of the contract and force the seller to increase its prices and/or modify its payment conditions, the latter will notify the buyer who will then have the possibility of terminating the contract in writing within seven (7) days from notification. Failing this, the new conditions will automatically apply to the contract. Any order must be paid according to the conditions agreed between the parties.
ART 5. DeliveriesDeliveries are made according to the seller's availability. Unless expressly agreed, our delivery times are given for information purposes only. The buyer cannot take advantage of a delay to cancel the sale, refuse the goods or claim compensation. If the buyer, after formal notice, does not take delivery of the goods, the seller may, without prejudice to damages, demand execution of the contract or consider the sale to be automatically terminated, the remaining deposits acquired at seller. In the event of successive deliveries, the defect or insufficiency of one delivery has no impact on other deliveries. Unless the buyer has previously and expressly refused, the seller is authorized to make full or partial deliveries and to combine backorders which do not reach the minimum amount required.
ART 6. Transfer of Risks The risks of the goods and in particular those inherent in their transport are transferred to the buyer upon delivery of these goods, which takes place at the time of their delivery or removal from our logistics warehouse, for all sales, whatever their destination (France or other countries) and whatever the terms of the sale or payment of the transport price. However, for orders that refer to INCOTERMS, the INCOTERMS rules in force at the time of the sale will be applied. It is up to the buyer alone to safeguard his rights vis-à-vis the carrier, by formulating his reservations within the deadlines and terms set by the rules applicable in the matter.
ART 7. Receipt and Complaints The seller guarantees that the quality of the products results exclusively from the technical specifications established by the seller to the exclusion of any other guarantee and/or liability.a/ Without prejudice to the arrangements to be made with regard to the carrier , complaints about apparent defects or non-conformity of the goods delivered to the goods ordered or to the shipping slip must be made in writing upon receipt of the goods and at the latest within eight (8) days of said receipt. b/ It will be up to the buyer to provide any justification as to the reality of the defects or anomalies noted. The buyer must allow the seller every opportunity to identify these defects and remedy them. The buyer will refrain from intervening himself or involving a third party for this purpose.c/ If the buyer has not carried out a quality control of the goods within eight (8) days from its receipt, or if, having done so, it has used or transferred said goods to third parties, the seller cannot be held responsible for damage of any nature which may result from its use by the buyer or by third parties.d/ In the event that the goods are not used for a purpose or according to a process usually accepted for products of the same type, no complaint will be admissible.e/ As soon as the buyer has sent his complaint to the seller within the time limits indicated and provided that the seller's liability is established, the seller undertakes to replace any goods that he has recognized as non-compliant or suffering from an apparent defect, to the exclusion of any other compensation and/or damages. If applicable and upon simple request from the seller, the buyer will be required to return any replaced or refunded goods.f/ Whether founded or not, the complaint in no way releases the buyer from the payment obligation. of the price in the terms of the contract. No after-sales service can be taken into account if there are still outstanding invoices.
ART 8. Reservation of Title Ownership of the goods sold is reserved for the seller until full payment of the price and its accessories, it being specified that the risks of the goods are transferred to the buyer upon delivery as indicated in Article 6. above. Consequently, the seller reserves the right to demand, in the event of late payment or total or partial default of payment, upon first request and without prior notice, the return of the delivered goods, regardless of the place where she is. The goods in stock in the premises (stores, warehouse depots, etc.) of the buyer will be deemed to relate to unpaid invoices. The buyer therefore undertakes not to grant to third parties any rights likely to prejudice the exercise of this clause. All costs relating to the return of the goods to the seller's premises will be the responsibility of the buyer. In the event of insolvency proceedings against the buyer, the buyer must: (1) inform the seller within 24 hours; (2) immediately stop selling the goods for which he has not yet acquired ownership. The buyer will also be held to the obligations incumbent on him in his capacity as guardian. Consequently, the buyer will have to pay the amount of the price of the goods in the event of their disappearance, whether accidentally or not. The buyer is prohibited from removing packaging or labels appearing on existing goods in stock and not yet paid for. The above provisions will apply, without prejudice to any action for damages for failure to pay the total or partial price.
ART 9. Payment For mainland France, Corsica and Europe: - 1st order: 100% upon order - Subsequent orders: 100% within 30 days after confirmation of the order (proof of transfer in support). Export sale: Payment on Proforma invoice by bank transfer before departure of the goods. Failure to pay a single installment to the seller immediately makes all of the seller's outstanding installments due and the suspension of deliveries until full payment is made, including the related costs. Whether founded or not, the buyer's complaint does not in any way release him from the obligation to pay the price under the terms of the contract. Any unpaid or rejected bill or check will be charged €20. Any late payment generates a penalty equal to 10% as well as a lump sum compensation for recovery costs of a minimum amount of €40, due the day after the due date specified on the invoice, and payment by the debtor of recovery costs (bailiff and court costs). .
ART 10. Failure to Pay a/ Non-payment of a single invoice constitutes a serious breach by the buyer and authorizes the seller to suspend other deliveries or to consider the contract as automatically terminated at the fault of the buyer. Buyer, all rights to compensation reserved. In the same case, when the contract provides for a form of term payment and the buyer does not pay within the terms or submits a complaint on a lot already delivered, the seller will always have the right to revoke the deadline and request the advance payment for subsequent deliveries or contracts. If the buyer does not respond to this request, the seller may terminate the contract at the buyer's discretion, any right to compensation reserved. b/ If the financial situation of the buyer gives rise to justified concerns, the seller reserves the right, for orders in progress, to demand payment in cash. c/ In the event of staggered shipments of the products covered by an order, the invoices corresponding to each delivery are payable on their respective due date, without waiting for all of the products covered by the order or contract to have been completed. been delivered.
ART 11. Cases of Force MajeureAre contractually assimilated to force majeure and will constitute causes of extinction or suspension of the seller's obligations, without recourse from the buyer, accidents affecting the production and storage of its products, the cessation total or partial supply of raw materials or energy, in particular, failure of the carrier, fire, flood, machine breakdown, total or partial strike, administrative decisions, acts of third parties, war and any external event which would be likely to delay, prevent or make economically exorbitant the execution of the seller's commitments.
ART 12. Jurisdiction Clause and Applicable Law These General Conditions of Sale as well as any related contract are governed by the law applicable in the seller's country and interpreted in accordance with this law, to the exclusion of the United Nations Convention on international sale of goods of April 11, 1980. Any dispute arising between the parties to the contract will be submitted to the competent Courts within the jurisdiction of which the seller's head office is located. In the event that the buyer is sued by third parties before another court, he now waives the right to call upon the seller as a guarantee before any other court.
ART 13. Online sales Online sales are tolerated subject to respecting our list of recommended retail prices.