ARTICLE ONE - Scope of application
These general conditions of sale constitute, in accordance with article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which the company CLEMENT ("The Supplier") supplies to professional buyers ("The Buyers or the Buyer") who request it, via the Supplier's website, by direct contact or via a paper medium, the products it markets
(" Products "). They apply without restrictions or reservations to all sales concluded by the Supplier to Buyers of the same category, regardless of the clauses that may appear on the Buyer's documents, and in particular its general conditions of purchase. In accordance with current regulations, these General Conditions of Sale are systematically communicated to any Buyer who requests them, to enable them to place an order with the Supplier. Any order for Products implies, on the part of the Buyer, acceptance of these General Conditions of Sale and the general conditions of use of the Supplier's website for electronic orders. The information appearing in the Supplier's catalogues, prospectuses and prices is given for information purposes only and may be revised at any time. The Supplier is entitled to make any modifications that it deems useful.
ARTICLE 2 - Orders
Sales are only finalized after express and written acceptance of the customer's order by the Supplier, who will ensure, in particular, the availability of the requested products. Orders must be confirmed in writing, by means of a purchase order duly signed by the buyer. Any modifications requested by the buyer can only be taken into account within the limits of the Supplier's possibilities and at its sole discretion.
The Supplier may refuse or cancel any order placed by a Buyer in debt to the Supplier for any reason whatsoever, presenting solvency risks or having a dispute, of any nature whatsoever, current or past, with the Supplier. Supplier. The Supplier may also refuse any personalization of the Products by embroidery or transfer if the Buyer does not provide its complete graphic charter as well as its logo in the format requested by the Supplier. The Supplier may under no circumstances be held liable in the event of an error or omission made by the Buyer.
ARTICLE 3 - PRICES
The products are supplied at the Supplier's prices in effect on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Purchaser. These prices are firm and non-revisable during their period of validity, as indicated by the Supplier.
These prices are net and excluding tax, ex warehouse. They do not include transport or any customs charges which remain the responsibility of the Buyer.
Special pricing conditions may be applied depending on the specificities requested by the Buyer concerning, in particular, the delivery terms and times, or the payment times and conditions. A specific commercial offer will then be sent to the Buyer by the Supplier.
ARTICLE 4 - Payment conditions
The price is payable in cash, in full on the day the Products are ordered under the conditions defined in the “Delivery” article below and as indicated on the invoice given to the Buyer. In the event of late payment and payment of sums due by the Buyer beyond the deadline set above, late payment penalties with an interest rate corresponding to at least three times the applicable legal interest rate, calculated in relation to the amount excluding tax or tax (depending on the buyer's conditions of sale) of the invoice, will be automatically and automatically acquired from the Supplier, without any formality or prior notice as well as a fixed compensation of €40 provided for in Article L441-6 paragraph 12 of the Commercial Code Any deposit paid by the Buyer will remain with the Supplier as lump sum compensation, without prejudice to any other actions that it would be entitled to take as a result. against the Buyer. No discount will be applied by the Supplier for payment before the date appearing on the invoice or within a period shorter than that mentioned in these General Conditions of Sale.
ARTICLE 5 – Deliveries
Unless specifically indicated by the supplier, the Products acquired by the Buyer (excluding logo creation, personalization or special manufacturing) will be delivered within a maximum period of 15 days from receipt by the Supplier of the corresponding purchase order duly signed and accompanied , where applicable, of the corresponding regulation. This deadline does not constitute a strict deadline, it is given as an indication and the Supplier cannot be held liable towards the Buyer in the event of late delivery.
The Supplier's liability cannot under any circumstances be incurred in the event of delay or suspension of delivery attributable to the Buyer or in the event of force majeure. Delivery will be made to the location designated by the Buyer.
The Buyer acknowledges that it is up to the carrier to make delivery, the Supplier being deemed to have fulfilled its delivery obligation once it has handed over the ordered products to the carrier who accepted them without reservation. The Buyer therefore has no warranty recourse against the
Supplier in the event of failure to deliver the Products ordered or damage occurring during transport or unloading. It is up to the Buyer to check the condition of the package at the time of receipt and to make reservations in the event of doubt on the delivery slip and/or to refuse the package; to check the quantity of items received after opening the packages.
Any missing product or any refusal for damaged packages must be reported on the same day of receipt or at the latest on the first working day following receipt by fax to 0033 (0)4 18.104.22.168; or by email to email@example.com.
ARTICLE 6 – RETURN
The buyer has a right of return for exchange or refund of 30 days from the date of delivery of the product(s), the postmark or shipping slip being taken as proof; beyond this date returns will not be accepted. Return shipping costs are the responsibility of the buyer unless the error lies with Clément Design. Only products in perfect condition are authorized: neither washed, nor worn, nor worn and without any personalization (unless the subject of the return relates to an error by Clément Design in relation to this). Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, in the event of transformation of the Product, as in the event of normal wear and tear of the Product or force majeure. If Clément Design products were purchased through a third party (reseller or distributor), it
You will need to contact this third party directly for After-Sales Service.
ARTICLE 7 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Products to the benefit of the Buyer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products, allowing him to regain possession in the event of a dispute. However, the transfer of risks of loss and deterioration of the Supplier's products will be carried out upon delivery and receipt of said products by the Purchaser. The Buyer therefore undertakes to insure,
at its expense, the products ordered, for the benefit of the Supplier, by ad hoc insurance, until the complete transfer of ownership and to justify this to the latter upon delivery.
ARTICLE 8 - Intellectual property
The Supplier retains all industrial and intellectual property rights relating to the products, photos and technical documentation which cannot be communicated or executed without its written authorization. On the other hand, the Buyer retains the right of ownership of the models and technical sheets.
of its own Logos.
ARTICLE 9 – Confidentiality
The Supplier guarantees the confidentiality of all personal and confidential information transmitted by the Buyer: telephone, fax, addresses, email, bank details, logos and all other information concerning the order(s).
ARTICLE 10- Web Site
The website www.clementdesign.com belongs to CLEMENT DESIGN SAS.
CLEMENT DESIGN is therefore responsible and reserves the right to modify the content of this website in any way, at any time and for any reason, without specific prior notification. CLEMENT DESIGN cannot be held responsible, in any way whatsoever, for the consequences of such modifications. All photos on the site are non-contractual. Each visitor as a legal entity undertakes not to copy, publish, download, transmit, modify, sell, distribute or use for commercial purposes the website both in its content and in its
ARTICLE 11 – PROTECTION OF PERSONAL DATA:
All information requested by CLEMENT DESIGN when placing an order is mandatory. If one or more mandatory pieces of information are missing, the order cannot be issued. In accordance with the Data Protection Act of 06/01/1978, modified by the law of August 6, 2004, the Customer has a right of access, rectification and opposition to information concerning him which can be exercised by letter addressed to CLEMENT DESIGN, ZI CARROS, 1ER avenue 7eme rue, CS10070, 06511 CARROS CEDEX.
ARTICLE 12 - Disputes
All disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be subject to the exclusive jurisdiction of the courts of Nice.
ARTICLE 13 - Applicable law - Language of the contract
By express agreement between the parties, these General Conditions of Sale and the purchase and sale operations resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
ARTICLE 14- Buyer’s Acceptance
These general conditions of sale as well as the attached prices and scales are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document. and, in particular, its own general conditions of purchase.