1. Application of the General Conditions:
These general conditions cancel and replace all those previously published and take precedence over all contrary clauses which may be included in the customer's documents. The act of placing an order implies the full and unreserved acceptance of the customer to the said general conditions. It can only be derogated from by written agreement of the seller.
2. Orders – Quotations :
Orders only become final after their confirmation by the seller, which takes place subject to the actual availability of the goods ordered. Any modification of the order requested by the customer, whether qualitative or quantitative, requires the express and prior agreement of the seller.
3. Price:
The prices invoiced are those agreed at the time of placing the order, acceptance of the estimate according to the terms of the contract. Prices are exclusive of V.A.T.
For customers based in France: All other costs including, in particular, transport and insurance are the responsibility of the customer except for free products.
For customers based outside of France: All other costs including, in particular, customs, transport and insurance costs are the responsibility of the customer.
4. Delivery – Transfer of Risk:
Delivery times are given for estimative information only. Any delays do not give the customer the right to cancel the sale, refuse the goods or claim damages.
The seller is released from its obligation to deliver for all fortuitous events, transport interruptions, supply difficulties, difficulties due to customs or currency parity, or in the event of force majeure such as, in particular and not limited to: pandemic, war, riot, fire, total or partial strikes, forced unemployment, accidents, floods.
In any case, delivery on time can only take place if the customer is up to date with their obligations to the seller, whatever the cause.
The goods sold are shipped at the customer's risk, regardless of the mode of transport or the terms of payment of the price of transport. The customer must make all necessary observations on arrival at their premises, exercise all recourse with the carrier and, if necessary, make the reservations allowing the exercise of these recourses.
The seller reserves the right to suspend its deliveries upon the occurrence of any event likely to reveal a reduction in the apparent solvency of the buyer.
5. Complaints – Returns:
To be admissible, any dispute due to the condition of the goods must have been the subject of reservations recorded on the delivery slip, signed by the recipient and recorded by the delivery person.
No complaint relating to the quality of the goods will be taken into consideration after a period of 4 working days upon receipt thereof. Complaints must be made at the time of acknowledgment of receipt.
The refusal of goods does not imply its return.
6. Payment:
Our invoices are payable to ALTEARAH SASU.
Sales are made according to the conditions specifically defined with the customer in agreement with the seller. Unless otherwise agreed between the parties, sales are made by payment portal, cash, or upon receipt of invoice, advance payments not giving rise to a discount.
Any amount not paid on the agreed due date will automatically, without prior notice, result in the invoicing of a late payment penalty equal to one and a half times the legal interest rate.
The seller may, moreover, in such a case, suspend all deliveries of goods or the performance of its services until regularization or require all forms of payment guarantee for future orders from the customer.
7. Penalty Clause:
If the customer's failure to pay makes litigation recovery necessary, the customer must pay the seller, in addition to the principal, the costs, expenses and emoluments ordinarily and legally payable by them, an indemnity fixed at 15% of the amount of the principal including tax of the debt and this as a penalty clause.
8. Retention of Title Clause:
(ARTICLE L 624-16 OF THE COMMERCIAL CODE)
Ownership of the goods sold will only be transferred to the customer after full payment of the price notwithstanding the transfer of risks occurring pursuant to #4 above.
Consequently, in the event of non-payment of the goods, in whole or in part, within the stipulated time, the seller reserves the right either to continue the execution of the sale and to request full payment of the price or to claim the goods remaining his property. The exercise of this claim by the seller automatically leads to the cancellation of the sale. In this case, all the costs incurred by the recovery of the goods and their return will be borne by the customer.
9. Limitation of Liability:
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. Similarly, the seller cannot be held liable if the products sold are stored under normal conditions or conditions incompatible with their nature.
The seller's warranty 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 must, before use or resale, check the goods.
To guarantee the quality of its products and preserve its brand, the seller has the right to take back, wherever it may be, products whose quality is in doubt, the buyer agreeing to provide assistance, in particular logistics and by establishing a stock.
10. Applicable Law – Attribution of Jurisdiction:
The applicable law is French law.
In the event of a dispute, the Commercial Court of the seller's registered office will have sole and exclusive jurisdiction. This jurisdiction clause will apply even in the event of summary proceedings, indirect claim, or warranty claim or in the event of multiple defendants.