TERMS AND CONDITIONS OF SALES
1 - GENERAL
These general terms and conditions of sale are intended to fulfil the supplier's obligation to provide prior information to the customer in accordance with the European directive on the protection of customers in respect of distance contracts. They apply to all quotations, orders, order confirmations, invoices and all types of contractual or pre-contractual commercial relations. The customer undertakes to comply unreservedly with these terms and conditions of sale, notwithstanding any clauses to the contrary that may appear in the customer's general terms and conditions of purchase. The fact that the seller does not invoke these conditions prior to the sale may not be interpreted as an implicit waiver of the right to invoke any of the said clauses at a later date.
2 – ORDERS
Orders can be placed by the customer directly on the website using the pre-established form, or by sending the same form by e-mail or post.
Any order form validated by the customer on one of the media described above constitutes irrevocable acceptance of the order by the customer
Orders placed by the customer only create rights and obligations for PRESTIGE DISTRIBUTION IBÉRICAafter written confirmation is sent from Prestige Distribution Ibérica.
The seller shall not be bound by any verbal commitments made by its representatives or employees until such commitments have been confirmed in the order acknowledgement.
PRESTIGE DISTRIBUTION IBÉRICA reserves the right to cancel the order of a customer for whom there is a dispute over the payment of a previous order.
3 -CANCELLATION OF ORDERS
If the customer cancels an order, the sums paid as a deposit will be retained by our company as cancellation compensation.
4 - SELLING PRICE
Products are invoiced on the basis of the prices in force on our website on the day the order is accepted
Invoices are issued on the date of dispatch or completion of the service.
Shipping costs are at the customer's expense if the order does not exceed the sum of €1,500, with a contribution of €25 excluding VAT for DHL shipments.
In the event that delivery cannot be handled by DHL, PRESTIGE DISTRIBUTION IBÉRICA reserves the right to choose the delivery method best suited to the order and may be invoiced at a flat rate, which will be mentioned on the quotation.
Prices are exclusive of tax. Unless otherwise stipulated, they may be revised at any time and without prior notice according to variations in the price of products, currencies and customs fees.
Unless otherwise specified, our quotations are valid for 30 days from the date of the quotation.
The VAT rate applied is 20%.
5 - INDUSTRIAL PROPERTY
In accordance with the laws in force, we reserve all our rights to our products and studies. Our products and studies may not be copied or used for advertising or commercial purposes without our written consent.
The software we offer remains the property of its manufacturers. Only a user licence is granted.
The user may not, in any form whatsoever, transfer, concede, pledge, communicate or lend them, whether in return for payment or free of charge, nor reproduce them except for backup purposes. The Customer shall maintain in good condition the proprietary notices on the programmes and the user manual and shall ensure that the confidentiality of the software is respected. The customer shall refrain from modifying our goods in any way whatsoever, allowing them to be counterfeited or encouraging counterfeiting in any way whatsoever.
Our customers who act as intermediaries between our company and end users are required to include the above paragraph or an equivalent text in their terms and conditions of sale.
6 – LEADTIME
Our company may be required to make a partial delivery of an order depending on the availability of the items concerned on the planned delivery date. The customer may not decide to modify the delivery of an order without our express agreement.
The delivery times indicated by our company are given as an indication and do not constitute an obligation of result. Any delays do not justify cancellation of the order, withholding of payments in progress, refusal to accept goods on delivery, or entitlement to damages.
Our company is automatically released from any commitment concerning delivery times if the customer has not complied with the terms of payment, as well as in the event of force majeure (lock-out, strike, epidemic, requisition, war, lightning, flood, fire, interruption or delay in transport, etc.).
7 - DELIVERY AND TRANSFER OF RISKS
In the case of delivery of products, these shall be delivered to the location agreed with the customer. Whether they are collected from our company or delivered carriage paid, and whatever the terms of payment, the products travel at the customer's risk. Carriers can only invoke a possible lack of packaging when the products are handed over to them and they alone are responsible for any damage occurring during transport. It is the customer's responsibility to implement the appropriate procedures to obtain compensation for such damage from the carriers, after having made precise and reasoned reservations upon receipt of the products and confirmed these with the carrier within the time limits stipulated by law.
8 - CLAIMS - RETURNS
Any complaint, whatever its subject, must be sent to us in writing accompanied by a copy of the delivery note within 5 working days of receipt, and must specify the reasons and the offending supplies. This procedure for requesting a return must be complied with in full, failing which the product will not be accepted and will be returned to the customer as is. No complaint concerning a delivery that has begun to be used will be taken into consideration.
Aucun retour ne sera autorisé sans notre accord écrit. Si accord, les marchandises devront être retournées en état neuf et dans leur emballage d’origine, sans marquage sur l'emballage d'origine, avec le bon d’enlèvement du transporteur. Un numéro de retour donné par notre société devra figurer clairement sur l’emballage.
The fact that part of a delivery is defective shall not be grounds for its total rejection.
The return of part of the products does not release the customer from the obligation to pay its invoices on the agreed due date. Returned products will be replaced, or their price will be reimbursed or deducted from subsequent invoices, to the exclusion of any compensation or damages.
9 - PAYMENT TERMS
Invoices are payable to our head office in cash within 8 days of the invoice date, by cheque, bank transfer or credit card when you place your 1st order.
The terms of payment are then fixed at 30 days from the date of invoice.
Payment is deemed to have been received on the agreed due date, and not by delivery of a bill of exchange.
For all professionals, payment of sums due after the eligibility date shown on the invoice will automatically increase the amount of the invoice by a flat-rate penalty of €40 as provided for in article L441-6 paragraph 12 of the French Commercial Code (amount set by decree no. 2012-1115 of 2 October 2012).
In the event of a regulatory change to the amount of this fixed indemnity, the new amount will automatically be substituted for that shown in these general terms and conditions of sale. The automatic application of this compensation does not preclude the application of additional compensation upon justification, up to the full amount of the sums incurred for the recovery of the debt, whatever its nature, in accordance with the aforementioned article.
In addition, failure to pay a due date will result, 8 days after formal notice has been given by registered letter :
- immediate payment of all existing debts, even if not yet due. All costs arising from this legal action will be borne exclusively by the customer, who accepts unreservedly to comply with these clauses, which he acknowledges to be in accordance with the Civil Code (chapter III, section I, II, III, IV and V). Any legal costs shall be borne by the customer.
- the payment, by way of damages and penalty clause, of compensation equal to 15% of the sums due, in addition to legal interest and any legal costs.
48 hours after an unsuccessful formal notice, sent by registered letter with acknowledgement of receipt, the sale will be considered as cancelled by operation of law. The goods must then be returned by the customer as soon as possible. This termination will also apply to all previous unpaid orders.
10 - GUARANTEES AND PAYMENTS
Any reduction in the customer's credit may justify the requirement of guarantees or cash payment before the execution of orders received. Any fact tending to show the customer's insolvency gives PRESTIGE DISTRIBUTION IBÉRICA the right to terminate contracts in progress by notification by registered letter, without the customer being able to claim compensation.
11 - RETENTION OF OWNERSHIP
Ownership of the products sold will only be transferred to the customer once full payment of the price, in principal and interest, has been made.
However, responsibility for risks of any kind that our products may incur shall be transferred to the customer as soon as the said products are actually delivered. The purchaser must take out all necessary insurance to cover these risks.
In the event of non-payment of goods on the due date shown on our invoices, or in the event of receivership or liquidation of the customer, our company shall have the right to claim ownership of the products sold, in accordance with the legal provisions.
The customer must inform us immediately of any seizure of our products.
Furthermore, in the event of partial payment, the advance payments already made will be considered as forfeit and will remain the property of our company.
In the event of the return of all or part of the goods, the deposits already paid shall be retained by way of damages.
12 – WARRANTY
Because we are an intermediary, the warranty on goods supplied by us is limited to that given by the manufacturer. Under no circumstances do we guarantee that the goods supplied are suitable for solving a particular problem specific to the user's activity. The warranty covers only physical defects in the material, and our intervention is limited in all cases, at most, to the outright replacement of defective parts, and only insofar as the manufacturer's warranty provides for this.
The warranty only applies if the products have been used under normal operating conditions as mentioned in the catalogues, notices or manuals made available to the user.
In the same way, PRESTIGE DISTRIBUTION IBÉRICA cannot be held responsible for damage caused by natural disasters, poor treatment, accidents, incorrect use, handling or installation.
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In all cases, we cannot be held liable beyond the exchange or reimbursement of the offending products, at our discretion, to the exclusion of any damages for any reason whatsoever.
13 - LEGAL PROCEEDINGS
In the event of a dispute, the courts of NANTES shall have sole jurisdiction.
14 –DATA PROCESSING AND PRIVACY
In accordance with the French Data Protection Act of 6 January 1978, the customer has the right to access and rectify any data concerning him/her and held by PRESTIGE DISTRIBUTION IBÉRICA.