General conditions of sale
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 and unreserved acceptance of these general conditions of sale. No particular condition can, except formal and written acceptance of the seller, prevail against these general conditions of sale. Any contrary condition opposed by the buyer will thus be, in the absence of express acceptance, unenforceable against the seller. The fact that the seller does not avail himself at a given moment of any of the present general conditions of sale cannot be interpreted as being worth renunciation to avail himself subsequently of any of the said conditions.
Acceptance of orders
All orders that reach the seller either directly or through its representatives are only deemed accepted if they do not give rise to any written objection from the seller within 8 days of receipt. In addition, orders or acceptances of quotations to be firm and final must be accompanied by the payment by the buyer of a deposit whose percentage of the total sum including tax is determined on the quotation. Due to the fixed costs associated with the registration, preparation and dispatch of any order, orders for an amount less than 150 € HT will be invoiced at a flat rate of 19 € HT.
Only the prices in force on the day the order is taken shall be valid and may be revised in the event of a request for delayed delivery. Prices are quoted in euros, ex works and excluding packaging. Packaging and transport costs remain the responsibility of the buyer and will be calculated according to weight, volume and destination criteria. For carriage paid and packaging conditions, please refer to the current price list.
Any first case is dealt with in cash (cash on delivery or on proforma invoice.) An application to open an account must be accompanied by a K-bis statement or a SIREN number and a bank statement. The payments are made, after payment of the first installment with the order - according to the dates of payment indicated on the invoice or failing that the thirty-first day following the date of reception of the goods by bank transfer, by check, by bill of exchange or in cash (within the limits provided by law.) For export, the payment is made by bank transfer before shipment. In case of payment by cheque, it must be issued by a bank domiciled in metropolitan France. This cheque is cashed immediately. In the event of late payment on the dates fixed, the sums due will bear interest at the rate applied by the European Central Bank (Refi or Repo rate) increased by 7 points without being less than one and a half times the legal interest rate. These penalties are payable without any reminder being necessary. They shall run automatically on the day following the date of payment shown on the invoice or, failing that, on the thirty-first day following the date of receipt of the goods or performance of the service. The seller also reserves the right in this case to suspend or cancel pending orders, without prejudice to any damages. Failure to pay a single instalment makes all other instalments immediately due. In the event of delayed delivery requested by the purchaser, the totality of the payment will be due at the dates fixed at the time of the order.
Retention of title clause
THE SELLER RESERVES OWNERSHIP OF THE GOODS DELIVERED UNTIL FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND INTEREST. THE BUYER UNDERTAKES TO KEEP THE PRODUCTS SAFE, TO INSURE THEM AND TO IDENTIFY THEM AS THE SELLER'S PROPERTY AS LONG AS THE OWNERSHIP OF THE PRODUCTS HAS NOT BEEN TRANSFERRED TO HIM. Until the transfer of ownership is completed, the seller reserves the right to demand the return of the products or in the event of refusal by the buyer to repossess the products. The buyer undertakes to return the product to the seller in its original condition.
Termination of the order
When placing an order or accepting an estimate, the buyer has paid a deposit, i.e. a first payment chargeable on the price of the sale become firm and final. If the buyer waives this order accepted by the company - for whatever reason - he may not claim reimbursement of the deposit(s) paid at the time of placing the said order. He may also be ordered to pay damages to the seller. If the seller does not deliver the agreed goods - this excluding any problem of delay in delivery - he must refund the deposit paid without further compensation.
Deliveries - shipments
Delivery times are given for information only and without guarantee. No delay may give rise to cancellation of the order, refusal to accept the goods or any compensation payable by the seller. All goods travel at the risk and peril of the buyer regardless of the mode of transport and the conditions of payment of the transport price, carriage paid or carriage due. It is the buyer's responsibility to check the quantities and good condition of the goods at the time of delivery. ANY DEFECT OR MISSING ITEM AT THE TIME OF DELIVERY MUST IMPERATIVELY BE REPORTED IN WRITING UPON RECEIPT OF THE GOODS. NO CLAIM WILL BE TAKEN INTO ACCOUNT AFTER THIS DELAY.
The seller is entirely released from its delivery obligation in the event of force majeure, i.e. any unforeseeable and irresistible external event; in particular in the event of mobilisation, war, total or partial strike, lockout, requisition, fire, flood, interruption or delay in transport, lack of raw materials, tooling accidents or any other cause hindering the activity of the seller's company or its suppliers or leading to total or partial unemployment for itself or its suppliers.
Catalogues - Product specifications
The dimensions of the products indicated in the catalogues apply overall, such as the luminaires are presented, including lampshades, glassware or bulbs. The photographs as well as the technical specifications of the products reproduced in the catalogues do not enter the contractual field. Due to printing difficulties, some differences in decor tones or colors of glassware and accessories may appear. In the same way, errors in the specificities and/or the prices of the products will not be able to engage the responsibility of the salesman. Furthermore, the seller reserves the right to make any modifications to its products at any time in order to ensure compliance with safety standards or any applicable regulations, provided that the quality or performance of the products is not substantially reduced. Manufacturing requirements may also lead to changes in the composition and appearance of the models, or even their removal from the collection.
Complaints on apparent defects or defects in conformity of the products must be made in writing to the seller. It is up to the purchaser to provide any justification as to the reality of the defects or anomalies noted. Goods with a recognized lack of conformity reported within one year shall be replaced or repaired with defective parts to the exclusion of any other compensation. The buyer will have to leave any facility to the salesman to proceed to the observation of these anomalies and to carry remedy there. He shall refrain from intervening himself or having a third party intervene for this purpose. Otherwise the warranty will no longer apply. Defects and damage caused by natural wear of the product, an external accident or improper maintenance of the equipment are excluded from the warranty. No return can be made without prior agreement of the seller. The expenses of return in factory are the responsibility of the purchaser, and of restitution with that of the salesman. ANY EXCHANGE OF GOODS NECESSARILY REQUIRES THE PRIOR DISPATCH OF THE DEFECTIVE PART OR DEVICE. Refurbishments carried out outside the seller's company will not give rise to any reimbursement. If necessary, in the event of non-application of the guarantee an estimate of repair will be submitted to the purchaser. The delay of immobilization of the goods will not be able to give place to any compensation.
The seller cannot be held liable under any circumstances for damage or accidents directly or indirectly related to the misuse by the buyer of the products sold.
All models are the exclusive property of the seller and are protected by the law on "artistic property". Their reproduction, even partial, is strictly prohibited. The catalogues are entrusted to the buyer, therefore, their return can be requested at any time.
Attribution of jurisdiction
All disputes or disputes concerning sales are subject to the exclusive jurisdiction of the Commercial Court of Paris regardless of the terms of payment accepted and even in the event of a warranty claim or multiple defendants.
General conditions of sale at 01/07/2018