ORDER

GENERAL TERMS AND CONDITIONS OF SALE tarbouriech.fr

Article 1. – Application of the general terms and conditions of sale – Enforceability of the general terms and conditions of sale

These general terms and conditions of sale (GTCS) are systematically sent or given to each buyer to enable him or her to place an order.
Consequently, the fact of placing an order implies the buyer’s full and unreserved acceptance of these T, to the exclusion of all other documents such as prospectuses, catalogues issued by the seller and which are only indicative. No special condition may, unless formally accepted in writing by the seller, prevail against the T Any condition to the contrary set up by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller, regardless of when it may have been brought to his attention.
The fact that the seller does not avail itself at a given time of any of these T cannot be interpreted as a waiver of the right to subsequently invoke any of the said conditions.

Article 2. — Order

The principle is that the orders placed by the buyer are final.
Any new instructions from the buyer, intended to modify the initial conditions, must be given in writing. This modification, if accepted by the seller, may lead to a readjustment of the price.

Article 3. – Delivery
3.1. Terms and conditions
Delivery is made either by the direct handover of the product to the purchaser or by a carrier at the buyer’s premises or warehouses.
3.2. Deadlines
Deliveries are only made according to availability and the delivery times agreed between the buyer, the seller and the carrier. Les délais de livraison sont indiqués aussi précisément que possible mais sont fonction des possibilités d’approvisionnement et de transport du vendeur.
In the case of carriage-paid prices, delays in delivery of 1 day or less may not give rise to damages, deductions or cancellation of orders in progress.
However, if 1 day after the indicative delivery date, the product has not been delivered or made available by the seller, for any reason other than a case of force majeure, the sale may, then, be cancelled at the request of the buyer.
The following are considered contractually as cases of force majeure relieving the seller of his obligation to deliver: war, riot, fire, strikes, accidents, the impossibility for himself to be supplied, natural disasters. The seller will keep the buyer informed, in a timely manner, of the above listed cases and events.
In any event, delivery can only take place if the buyer is up to date with its obligations, in particular the payment of invoices, towards the seller, whatever the cause, including in previous deliveries.
3.3. Risks
The transfer of risk on the products, even in the case of a free-of-charge sale, takes place from the seller’s warehouses.
In the event of goods missing or damaged during transport, the buyer must make all necessary reservations on the delivery note upon receipt of the said goods, and notify the seller within 24 hours. Beyond that, they will not be taken into account.
Imprecise or systematic reservations, such as “subject to unpacking reservations”, “subject to quantity and quality control” affixed to the transport receipt, are null and void.

Article 4 – Acceptance

Without prejudice to the arrangements to be made with regard to the carrier, any complaints concerning the product delivered must, in so far as the products are fresh, be made in writing no later than two days after delivery of the product.
It will be the responsibility of the buyer to provide any written justification as to the reality of the defects or anomalies observed. The seller must be given every opportunity to ascertain and remedy any such defects. He will refrain from intervening himself or bringing in a third party for this purpose.
For products sold in packaging, the weights and measures at the start are proof of the quantities delivered.

Article 5 – Returns
5.1. Terms and conditions
All product returns must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be held at the buyer’s disposal and will not give rise to the issue of a credit note.
No returns will be accepted after 2 days from the date of delivery. The costs and risks of the return are always borne by the buyer.
Returned goods must be accompanied by a returns note to be attached to the parcel and must be in the condition in which the seller delivered them.
5.2. Consequences
In the event of an apparent defect or non-conformity of the products delivered, duly noted by the seller under the conditions set out above, the buyer may obtain a free replacement or reimbursement of the products, at the seller’s discretion, to the exclusion of any compensation or damages. Any return accepted by the salesman will involve the establishment of a total or partial credit to the profit of the purchaser, after qualitative and quantitative checking of the quality of the products turned over.In the event of relations of businesses followed between tarbouriech.fr and the customer, the payment of this credit will be charged to the following invoices emitted by tarbouriech.fr. In all other cases, the customer will be reimbursed.
Article 6 – Prices
The products are supplied at the price in force on the date of receipt of the final order.
Prices are exclusive of taxes on the basis of the order form communicated on the same day by the seller to the buyer. Any tax, duty or other charge payable in application of French regulations, or those of an importing country or a transit country, shall be borne by the purchaser.

Article 7. — Billing

An invoice is drawn up for each delivery and issued at the time of delivery, unless a delivery note has been issued, in which case a summary invoice, referring to all delivery notes issued, will be drawn up every 10 days, indicating the expected date of payment.

Article 8. — Payment

8.1. Terms and conditions
Unless otherwise agreed, payments will be made on the following terms:

• or by cheque ;
• or by bank transfer ;
• or by signed and accepted bill of exchange with waiver of protest addressed to Médithau

8.2. Delay or fault

In the case of deferred or forward payment, payment within the meaning of this article means payment on the agreed due date, not the remittance of a bill of exchange.
In the event of total or partial non-payment for goods delivered on the date of receipt, the purchaser must pay Médithau a late payment penalty equal to the legal interest rate plus 3 points.
The legal interest rate is that in force on the date of delivery of the goods.
From 1 January 2015, the legal interest rate will be revised every 6 months (Order no. 2014-947 of 20 August 2014).
This penalty is calculated on the amount outstanding, inclusive of tax, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code. The seller may request additional compensation if justified. Penalties are payable at the seller’s request.
In the event of non-payment on the due date, the sale will be terminated by operation of law if the seller sees fit, who may request, in summary proceedings, the return of the products, without prejudice to any other damages. The rescission will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of being delivered and whether or not their payment is due.
In the case of payment by negotiable instrument, failure to return the instrument will be considered as a refusal of acceptance comparable to a default of payment. Similarly, when the payment is staggered, the non-payment of a single instalment will result in the immediate payment of the entire debt, without formal notice.
In all the above cases, the sums that may be due for other deliveries, or for any other reason, will become immediately due if the seller does not opt for the cancellation of the corresponding orders.
The buyer must reimburse all costs incurred in the contentious recovery of the sums due, including the fees of ministerial officers.
Under no circumstances may payments be suspended or subject to any compensation without the prior written consent of the seller. Any partial payment will be applied first to the non-preferential part of the debt, then to the sums that fell due the earliest.

Article 10 – Retention of title

The seller reserves ownership of the goods indicated on this document until full payment of the price in principal, accessories and interest.
In the event of non-payment by the agreed due date, the seller may take back the goods, the sale will be cancelled by operation of law if the seller sees fit, and the advance payments already made will be acquired by the seller in return for the buyer’s use of the goods.
The goods shall remain the property of the seller until full payment has been made, but the buyer shall become responsible for them as soon as the risks have passed in accordance with article 5.3 hereof.
As long as the price has not been paid in full, the buyer must separate the products delivered and not mix them with other products of the same nature from other suppliers. If this is not individualised, the seller may demand a refund or take back those still in stock.
The buyer may not, for any reason whatsoever, resell the products acquired until their price has been paid in full to the seller.

Article 11. – Packaging – Consignment

Packaging bearing the seller’s trademark may only be used for the seller’s products and may under no circumstances be used for products other than the seller’s own. Any breach of this rule will expose the offender to criminal prosecution and the payment of damages.

Article 12. – Jurisdiction – Disputes

Before taking any legal action, the parties shall seek to reach an amicable agreement.

In the event of a dispute of any kind or a dispute relating to the formation or execution of the order, the commercial court in the jurisdiction of which tarbouriech.fr’s registered office is located shall have sole jurisdiction.
This clause applies even in the event of summary proceedings, incidental claims or multiple defendants or third party claims, and regardless of the method and terms of payment, without any jurisdiction clauses that may exist on the buyers’ documents being able to prevent the application of this clause.