General Terms and Conditions of Sale
1. Accepting our offer means that the Terms and Conditions below shall apply, whatever terms, conditions or clauses may be shown on the purchaser’s documentation, and except only for departures that the seller accepts expressly in writing.
2. Transactions negotiated by our commercial representatives or agents are not binding on us until we have confirmed them in writing. Verbal agreements are not finally valid until we have confirmed them in writing. If the purchaser does not refuse or query our offer within three days of receiving our written order confirmation, our offer is considered as accepted and the purchaser is taken to have read and accepted these General Terms and Conditions of Sale.
3. Orders sent to us are not binding on us until the deposit requested in our order confirmation is paid.
4. All our prices are given in euros, excluding taxes and including packaging, dispatched from the Biot Glass Factory. Taxes will be invoiced additionally at the rate in force at the time of payment. Our prices are based on the tariffs in force at the date that the order is confirmed in writing. However, we reserve the right to update our prices to the tariff in force at the delivery date, if delivery is delayed by the purchaser, and if the seller encounters any event of force majeure, as defined in Article 6 below. In addition, the prices and terms and conditions shown on the invoices raised after a delivery, do not necessarily apply to subsequent invoices.
5. The purchaser has sole responsibility for carriage and the cost of carriage, and it must seek redress from the carriers in the event of damage, delay or shortfall. The purchaser is responsible for going through all the usual formalities to establish its claim (such as preparing reports and statements, etc.). Unless stipulated in writing to the contrary, insurance is not included (see the French National Carriers´ Agreement). In no circumstances shall any delay, damage or shortfall caused by the carriers justify the seller not receiving payment at the agreed times for goods invoiced.
6. The stated delivery times are given as an indication only and without commitment, unless by special agreement. A delay in delivery shall not justify the purchaser either cancelling the order, or claiming any compensation or penalty payment; the seller reserves the right to suspend the execution of orders in progress if the purchaser delays payment. All instances of force majeure or acts of God (in particular war, disrupted work caused by strikes, riots, lack of raw materials, fire, flood, accidents to machinery and epidemics, but without limitation) either shall cause the transaction and the deliveries to be suspended temporarily, or shall discharge the contract, without us being liable for any compensation.
7. Payment for our sales must be received at Biot. If payment is not made within the specified time, penalty interest shall be legally due from the purchaser, without prior notice, from the date when the payment should have been made until the actual payment date, at a rate four percentage points higher than the official rate from the Banque de France. In addition to this interest, all fees for unpaid items shall be the purchaser’s responsibility. If payment is delayed, any amounts falling due later shall be payable immediately. If the purchaser does not pay any one portion of the price at the agreed time, then fifteen days after it has been given notice in a registered letter, the sale shall be legally cancelled. If the seller thinks fit, it shall retain deposits paid to the Biot Glass Factory as initial damages. If we use our legal department to recover the debt, the debt shall be increased by a fixed amount of 15%, applied to all amounts still outstanding, to cover the costs of managing the litigation.
a. Our personal shoppers pay on receipt of a pro-forma invoice or in cash. b. Our foreign resellers pay immediately by bank transfer, or 30 days after the end of the invoice month by bank transfer. c. Our French resellers pay by bank draft 30 days after the end of the invoice month. Bank charges and costs shall be paid by the purchaser. However, a discount of 3% may be given for payments made in cash within eight days of the invoice date. Clauses in our bills of exchange shall not substitute for or cancel the legal effect of this clause. Discounts or reductions shall be applied only to the net value of the goods. Our bills shall not change the place of payment, which is Biot. Any claims that are not made within fifteen days of the invoice shall be considered null and void.
8. We reserve the right to cancel orders in progress if the purchaser totally or partially ceases its activity; if a bill of exchange is not accepted within the specified time; if payment is refused at the due date; if there is a death; if the business goes into receivership or voluntary or compulsory liquidation; or, for companies, if one of the partners in a limited-liability partnership dies or retires, or if the share capital is reduced.
9. To secure and guarantee the payment of the price, the goods sold shall remain the property of the seller until the amount plus any interest has been paid in full. The seller reserves the right to claim back the goods if the price is not paid in full. However, the buyer shall be responsible for the goods from their dispatch from the shop and shall therefore take our insurance against the risks that the goods are lost, stolen or destroyed. It is expressly agreed that the title to the goods, which the vendor retains until the purchaser pays the price in full, shall apply in all circumstances, and in particular, shall apply if the purchaser goes into receivership or compulsory liquidation.
10. In the event of any disagreement or dispute, the competent courts shall be those with jurisdiction for the seller’s registered office. This shall apply irrespective of any stipulations to the contrary shown in the purchaser’s letters or invoices, and whatever the agreed payment method. A claim by the purchaser relating to all the deliveries of goods will not be considered until the undisputed portion of the supply has been paid, and the disputed portion has been deposited with a sequestrator chosen or designated by the President of the competent court at Antibes.