GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale determine the rules to which the sale of a Product of Société de Bijouterie Méridionale is subject, it being understood that the term "Product" refers to any good sold and/or any service provided by SBM. The term "Company" refers to Société de Bijouterie Méridionale, and the term "Customer" refers to the person placing the order for a Product.
ARTICLE 1: APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE - OPPOSABILITY
These General Terms and Conditions of Sale are applicable to all orders for Products intended to be shipped on French territory (it being specified that the DROM-COMs are part of French territory within the meaning of this paragraph). Any order for Products implies full, complete and unreserved acceptance by the Customer of these General Terms and Conditions of Sale.
No particular condition may, unless formally accepted in writing by us, prevail over the General Terms and Conditions of Sale. Any condition to the contrary imposed by a customer shall therefore, in the absence of express acceptance on our part, be unenforceable against our Company, regardless of the time at which it may have been brought to our attention. We reserve the right to modify these General Terms and Conditions of Sale at any time.
ARTICLE 2: ORDER TAKING - MODIFICATION - CANCELLATION
Orders are only final when they have been confirmed in writing (confirmation e-mail.
In order to ensure the proper execution of the order, the order must include the Customer number (except in the case of a new Customer), the place of delivery, the exact reference of the products, the quantities, the diameter of the products if appropriate and the method of invoicing.
Any modification or cancellation of an order, in order to be valid, must be formally accepted by us.
ARTICLE 3: PRODUCT-AMENDMENTS
Our Company reserves the right to make, without prior information, any modification to its products appearing in its catalogue.
ARTICLE 4: DELIVERY - DEADLINES - RISKS
Delivery times depend on the nature of the order and will be established at the time of each order as accurately as possible.
Exceeding the delivery time cannot give rise to damages, withholding or cancellation of orders in progress.
In any event, delivery can only take place if the Customer is up to date with his obligations towards us.
The products are sent to the billing address unless otherwise indicated at the time of the order. Any shipment gives rise to the invoicing of postage, insurance and packaging costs to the Customer.
Delivery is deemed to be made as soon as the products are made available by our carrier. In the event of damage or missing items, the Customer must make all observations on the transport receipt and inform us in writing within two working days following delivery.
ARTICLE 5 : RECEPTION
Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or about the non-conformity of the products delivered with the products ordered or the dispatch note must reach us in writing within fifteen (15) days of the delivery date.
Only claims received within this time limit will be processed and will give rise to the exchange of the defective items or the establishment of a credit note.
It shall be up to the Customer to provide any justification as to the reality of the defects or anomalies observed. The Customer must allow our company every facility to proceed with the observation of these defects and to remedy them, and shall refrain from intervening himself or having a third party intervene for this purpose.
In the case of products sold in packaging, the weights and measures at departure are proof of the quantities delivered.
ARTICLE 6: RETURN - MODALITIES - CONSEQUENCES
Any return of product before giving rise to the establishment of a credit note must be the subject of a formal agreement on our part. Any product returned without this agreement will not give rise to the establishment of a credit note and will be made available to the Customer. The costs and risks of the return are always borne by the Customer. Any return accepted by us will lead to the establishment of a credit note in favour of the Customer, after qualitative and quantitative verification of the returned products.
In the event of an apparent defect or non-conformity of the products delivered, duly noted by us under the conditions set out in Article 5, the Customer may obtain free replacement or reimbursement of the products, excluding any indemnity or damages.
ARTICLE 7: REPAIR AND AFTER-SALES SERVICE
Only products from our collection can be repaired. Damage caused by natural wear and tear, by accident or external intervention cannot be repaired.
ARTICLE 8: PRICES
The total price of a Product in 750 °/°°° Gold or 375 °/°°° Gold is composed of :
-The price of the metal, per gram, fixed on the day of invoicing according to the "Industrial Gold" price communicated by Cookson-Clal. Calculation of the price of the metal: (Base fine gold * title) * 1.05 (manufacturing loss 5%)
-The price of the way, including the price of the oxides or stones, established per gram or per piece, in force at the time of placing the order.
The weight of the Gold products is given as an indication and may vary according to the manufacturing process.
The price of the other products (Silver) is a total price established per piece.
The prices are stated exclusive of tax and in Euros (€).
ARTICLE 9: TAXES AND DUTIES
All taxes, duties, rights or other services in application of French regulations, or those of an importing country or a transit country are the responsibility of the Client. VAT is paid on debits. Any withholding or cash discount implies that the Customer will be required to pay the relevant taxes.
ARTICLE 10: INVOICING
Our invoices accompany the products and serve as delivery notes. The date on which the products leave the warehouse is both the date on which the invoice is issued and the starting point for the due date in the case of payment on time.
ARTICLE 11: PAYMENT - TERMS AND CONDITIONS
For all new customers, a deposit of 30% of the amount excluding VAT will be required in order to validate the order. This amount will be paid directly by credit card via a link that will be sent by email. The balance of the order will be paid before shipment using the same procedure.
Invoices are payable within 30 days of the end of the month, either by bill of exchange (L.C.R.) not accepted, or by credit card, or by cheque.
In the event of deferred or deferred payment, constitutes a payment within the meaning of this article, not the simple handing over of a bill of exchange or a cheque implying an obligation to pay, but their settlement on the agreed due date.
ARTICLE 12: PAYMENT - DELAY OR DEFAULT
In the event of late payment, we may suspend all current orders, without prejudice to any other course of action. Any sum not paid on the due date will result in the application of late payment penalties, calculated on the basis of a legal rate of 15% per year, from the day following the payment date indicated on the invoice; in addition, a fixed compensation for collection costs of forty euros (40€) will be applied.
Failure to pay, even partially, an invoice on its due date shall render all sums owed by the purchaser immediately payable. In the event of non-payment, forty-eight hours after formal notice has been served but has remained unsuccessful, the sale will be carried out by operation of law if we so wish and we may request, in summary proceedings, the return of the products, without prejudice to any other damages. Rescission will affect not only the order in question but also all orders in progress.
Under no circumstances may payments be suspended or be subject to any compensation whatsoever without our prior written agreement. Any partial payment will be charged firstly to the non-privileged part of the claim, then to the sums which are oldest due.
In the event of collection of the sums due by the purchaser, from a collection agency or by legal proceedings, a penalty equal to 15% of these sums (with a minimum of 100€) will be applied as damages in addition to the late payment penalties and the fixed compensation mentioned above.
ARTICLE 13: RESERVATION OF OWNERSHIP
We retain ownership of the products sold until actual payment of the full price in principal and accessories, failure to pay any of the installments may result in the goods being claimed in accordance with the terms of Law No. 80-335 of 12 May 1980. This provision does not prevent the transfer to the customer, upon delivery, of the risks of loss or deterioration of the products.
ARTICLE 14: COMPETENCE - CHALLENGE
Only the courts of the registered office of our company shall be competent in the event of any dispute of any kind or any dispute relating to the formation or execution of the order. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants and regardless of the method and terms of payment.