General Terms and Conditions - GTC
1. GENERAL INFORMATION
- Our goods are sold firm. Neither exchange, nor part-exchange is accepted, unless prior agreement.
- In case of return, the items have to be sent on customer’s expense
- Can’t be returned, nor exchanged: customized or special production if items are conformed to the order placed.
- We reserve the right to apply a price reduction to any products in return (worn out or damaged).
2. RESERVATION OF PROPERTY
According to French law 80.335 dated 12/05/1980, we remain the owner of all goods until fully paid and amount credited on our account.
The insurance of all goods against all risks (fire, theft, flood) is on customer’s expense starting from date of shipping. In case of damage, receivables will be credited to us until debt is fully paid. In case of seizure, garnishment, or any procedure taken by a third party, the customer will have to inform us immediately. In case of invoice be unpaid in partial or total at due date, or in case General Terms and Conditions being non fully complied by the buyer, the seller can require, in right and without any formalities, the return of the merchandises, at full buyer’s expense and risks. This return does not constitute the cancellation of the sale.
The items are sold at reselling or wholesaling price in effect the moment the order is placed and registered in our system, in EUR and excluding VAT. Shipping costs and VAT will be applied, unless exempted, the day of the order. The prices indicated on our pricelists are given for reference only and may change without prior notice.
4. ORDER REGISTERATION OR CANCELLATION
Orders have to be placed to our sales department:
PRIVILEGE EQUITATION SAS, 2, rue des Anciennes Filatures, 72 470, Champagné (FRANCE).
Any order placed on our website www.privilege-equitation.eu implies full acceptance of these General Terms and Conditions. An order confirmation will be sent to you automatically per email. We reserve the right to suspend or cancel any order placed in case of : unpaid invoices (in part or total), bankruptcy or legal liquidation, change of company’s status.
Backorders : unless otherwise specified, the items which are not available on stock are kept registered during 2 months. These are sent when on stock along with next order at shipping date pricing.
5. SHIPPING TERMS
For resellers in Europe, free shipping is at 760 EUR excl. VAT and ½ delivery cost for 380 EUR excl. VAT. All order below 100 EUR excl. VAT will be charged of additional 10 EUR for packing charges. Custom duties of any are on customer’s expense, even in case of free shipping. For Express or Express Saturday deliveries, difference between Express and Standard costs are invoiced to the buyer.
For resellers outside Europe and wholesalers, shipping and customs charges are at buyer’s charge.
Forwarders : all our goods are forwarded to the consignee’s own risks even if the freight is paid or advanced by us. No responsibility can be accepted for losses, breakage or damage that can occur during transport. We recognize no other conditions than ours.
Receipt of the goods: all our parcels are packed, handled and sent with care, intact and in good condition. In case of damage, warranty tape ripped or any breaking in mark, we cannot accept any liability if not clearly notified on carriers receipt when parcel is delivered. (The buyer has to check the good conditions of the items, the numbers and weight of delivered parcels. In case of damage or loss, the consignee has to notice any prejudice on delivery receipt, and inform us before three days. After that limit, no complaint will be taken into account.
6. DELIVERY TIME
Delivery obligations are suspended rightfully in case of partial or total strike, epidemic, fire, flood, any damage or mobilization and in case of force majeure, and if the buyer is up-to-date of his obligations to the seller.
Delivery time is not strict, but given only as reference. We cannot accept any order cancellation for late delivery, only following summons via registered letter, with a 15 days shipping time, and except in above mentioned case of force majeure.
Delivery time indicated are as closer as possible, but depend on supply chain and delivery conditions. Late deliveries shall not lead to claims for damages and interest, nor discount nor order cancellation. Nevertheless, one month after receipt of summons via registered letter, delivery is not completed for other reasons than above mentioned case of force majeure, the outstanding order can be cancelled by both parties. The buyer will then be refund of the deposit if any, without any discount or interest.
We cannot be responsible for inappropriate use or maintenance of the goods by the user. Only designing and manufacturing failures, duly assessed by the seller, are valid and admissible.
Our responsibility is strictly limited and defined obligations and it is expressly agreed that the purchaser shall have no claim in respect of personal or animal injury or of damage to property separate from the subject, or profit loss. We shall not be responsible for any injury occurred with the use of our materials, products or instruments.
9. PAYMENT TERMS
Website on line payment is not possible. Payment terms comply with your regular terms : bank transfer, direct debit and, for France only, cheque or accepted bill of exchange. (We do not issue any bill of exchange below 200 EUR incl VAT. Corresponding invoices shall be paid on receipt by the buyer by bank transfer, direct debit or cheque.)
Unless particular agreement, orders must be paid in advance. Full payment is awaited in EUR, net, without discount, and corresponding to the pro-forma invoice sent.
In the event of failure to pay on the due date (unpaid bill of exchange, payment extension, litigation costs …), all charges are on failing customer’s expense. It is expressly agreed that, without prior agreement, the non-payment of our due products at due (regardless the mode of settlement planned) date will lead to a legal intervention, along with an indemnity equal to 15% of the due sums, besides the legal interests and the possible judicial expenses.
Penalties for late payment:
Penalties for late payment can be requested by right starting from the day after the due date mentioned on the invoice (according to article L 441-3 French Commercial Code). In accordance with article L 441-6, paragraph 8 of French Commercial Code, as amended by Act of August 6, 2008, the rate of interest applied shall be the interest rate applied by the European Central Bank, raised by 10 percentage points. For instance, on January 1, 2018, European Central Bank rate 0,00% + 10% = 10,00%.
In the event of a dispute, it is expressly agreed that the tribunals and courts of LE MANS (FRANCE) shall have sole jurisdiction, even if there are several defendants or third-party complaints. Drafts or acceptance of payment will not give rise to any change or derogation to this jurisdiction clause.
11. ACCOUNT APPLICATION
For any account application, the customer shall provide : Extract from the Commercial Register (recent and up-to-date) + Trade register number, INSEE number and intra-community VAT number.