1. Application of the general conditions of sale – Opposability of the general conditions of sale
The purchase of any product or service from the seller implies full acceptance of these general conditions of sale, without reservation.
Unless formally agreed in writing by the seller, no special condition may take precedence over these general conditions of sale. Any condition to the contrary opposed by the purchaser will, therefore, not be opposable to the buyer, unless expressly accepted.
Should the seller, at any given time, not assert any of these general conditions of sale, such act cannot be interpreted as a waiver from asserting any of the said conditions at a later date.
2. Acceptance of orders
All orders received by the seller, either directly or through its representatives, shall only be considered as accepted if they do not give rise to any written opposition thereto by the seller within a time limit of 8 days from their receipt.
Moreover, orders or acceptances of quotations must be accompanied by buyer’s remittance of a down payment, in respect of which the percentage of the total amount incl.VAT is calculated in the quotation, so as to be firm and final. Because of fixed costs bound to the recording, the preparation and the shipment of any order, for the orders amounting to lower than 150 € HT, a fixed amount of 19 € HT will be invoiced.
3. Price
Only valid shall be the prices in force on the day of placing the order, and they will be revisable in case of request for deferred delivery. The prices are given in euros, exclusive of tax, ex. works, not including packaging. The packaging and transportation costs remain payable by the buyer, and will be calculated according to weight, volume and destination. For free-delivered terms including packaging, please refer to the tariff in force.
4. Payment terms
Any first business shall be paid on cash terms (cash on dispatch or against pro forma invoice).
A request for opening an account must be sent together with a business registration certificate (extrait K-bis) or a registered (SIREN) number and a bank identification form (RIB). Payments shall be made, after remittance of the first down payment on ordering – according to the payment dates shown in the invoice or, otherwise, on the 31st day following the date of receipt of the goods, by bank transfer, by cheque, by draft or in cash (within the limits specified by law). For export orders, payment shall be made by bank transfer prior to dispatch. In case of payment by cheque, said cheque must be raised on a bank domiciled in metropolitan France. This cheque shall be cashed immediately. In case of delay in payment by the dates fixed, the sums owing will bear interest at the rate applied by the European Central Bank (Refi or Repo rate) plus 7 percentage points, without being below 1½ times the statutory interest rate. These penalties shall be due without the need of formal notice. They shall run, by right, as from the day following the payment date shown in the invoice or, otherwise, from the 31st day following the date of receipt of the goods or performance of the service. The seller, moreover, reserves the right in this case to suspend or cancel pending orders, this being without prejudice to any damages. Failure to pay any amount due shall bring about the immediate payability of all other amounts owing.
In case of deferred delivery requested by the buyer, full payment will be due by the dates fixed at the time of ordering.
5. Reservation of ownership clause
THE SELLER RESERVES OWNERSHIP OF THE GOODS DELIVERED UNTIL FULL PAYMENT OF THE PRINCIPAL AMOUNT OF THEIR PRICE AND ANY INTEREST.
THE BUYER UNDERTAKES, AS LONG AS OWNERSHIP OF THE PRODUCTS HAS NOT BEEN TRANSFERRED TO IT, TO KEEP THE PRODUCTS SAFELY, TO INSURE THEM AND TO IDENTIFY THEM AS OWNED BY THE SELLER.
Until transfer of ownership has taken place, the seller reserves the right to demand the return of the products or, in case of the buyer’s refusal, to retake possession of the products. The buyer undertakes to return the product to the seller in its original condition.
6. Termination of the order
Upon placing of an order or acceptance of a quotation, the buyer makes a down payment, i.e. a first payment on the sale price that has become firm and final.
If the buyer renounces this order that has been accepted by the company – for whatever reason – it will be unable to claim refund of the down payment(s) made upon placing the said order. It may also be required to pay compensation in favour of the seller. Should the seller not deliver the agreed goods – this apart from any problem of delay in the delivery – it must refund the down payment, without being liable to pay any other indemnity.
7. Deliveries – dispatch
The delivery times are given for purely indication purposes, without guarantee.
Any delay cannot bring about cancellation of the order, a refusal to take delivery of the goods or any indemnification payable by the seller.
All goods travel at the risk and peril of the buyer, whatever the method of transportation and the payment terms of the transportation cost, free-delivered or freight-forward. It is up to the buyer to verify the quantities and sound state of the goods at the time of delivery.
ANY DEFECT OR SHORTAGE AT THE TIME OF DELIVERY MUST ESSENTIALLY BE NOTIFIED IN WRITING ON RECEIPT OF THE GOODS. NO CLAIM WILL BE CONSIDERED AFTER THIS DEADLINE.
8. Force majeure
The seller shall be fully released from its delivery obligation in case of force majeure, i.e. in case of any external, unforeseeable event or event outside of its control; in particular in case of mobilisation, war, general or partial strike, lock-out, requisition, fire, flood, interruption in or delay to transportation services, raw material shortage, tooling problems or any other cause hampering the activity of the seller’s company or its suppliers’ companies, or bringing about a total shut-down or short-time working for it or its suppliers.
9. Catalogues – Product specificities
The dimensions of products stated in the catalogues are overall dimensions, according to the presentation of the lights, including lampshade, glassware or bulbs.
The photographs and technical specificities of the products shown in the catalogues shall have no contractual value. Due to printing difficulties, certain differences in decor shades, or the colours of glassware and accessories, may arise. Likewise, the seller cannot be held responsible for possible errors in the specificities and/or prices of the products.
Furthermore, the seller reserves the right at any time to make any modification to its products so as to assure their conformity with safety standards or any applicable regulation, providing their quality or performance is not substantially reduced. The needs of manufacturing may also lead to a modification in the composition or appearance of the models/designs, or even their withdrawal from the collection.
10. Warranty
Complaints concerning conspicuous defects or lack of conformity in the products must be formulated to the seller in writing. It is up to the buyer to supply any proof with respect to the reality of the defects or anomalies found. Goods with recognised defective conformity notified within a time limit of one year will be replaced or have their recognised defective parts repaired, excluding any other compensation. The buyer must give the seller every facility to ascertain these anomalies and remedy them. It will abstain from rectifying them itself, or from having them rectified by a third party. Should the aforesaid not be observed, the warranty can no longer apply. Faults and damage caused by natural wear and tear of the product, by external accident or poor maintenance of the appliances, are excluded from the warranty. The goods may only be returned with the seller’s prior agreement. The costs of returning to factory shall be payable by the buyer, and the return to buyer will be payable by the seller. ANY EXCHANGE OF GOODS ALWAYS REQUIRES PRIOR RETURN OF THE DEFECTIVE PART OR APPLIANCE.
Repairs carried out outside of the seller’s company cannot give rise to any refund. If necessary, in case of the warranty not being applicable, a quotation for repairs will be given to the buyer. The period of the goods being out of service cannot give rise to any compensation.
11. Responsibility linked to the products
The seller may in no case be held responsible for damage/loss or accidents linked directly or indirectly to poor use by the buyer of the products sold.
12. Intellectual property
All models are the exclusive property of the seller and are protected by the law on “copyright in artistic works”. Their reproduction, even partial reproduction, is strictly prohibited. The catalogues are entrusted to the buyer; on this account, return thereof may be demanded at any time.
13. Attribution of jurisdiction
ALL DISPUTES OR COMPLAINTS CONCERNING THE SALES SHALL FALL UNDER THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF PARIS, IRRESPECTIVE OF THE AGREED PAYMENT TERMS, AND EVEN IN CASE OF THIRD PARTY NOTICE OR MORE THAN ONE DEFENDANT.
General conditions of sale as at 1/1/2017
