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Clause no. 1: Purpose
The general terms and conditions of sale described below detail the rights and obligations of the association des PN du 1/3 Navarre and its customer in the context of the sale of traditional items.
Any service provided by the association des PN du 1/3 Navarre therefore implies the buyer's unreserved acceptance of these terms and conditions of sale.
Clause 2: Prices
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and include VAT. Consequently, they will be increased by the rate of transport costs applicable on the day the order is placed.
The association des PN du 1/3 Navarre reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time the order is registered, as well as for reimbursements.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that the association des PN du 1/3 Navarre may grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.
Clause no. 4: Discount
No discount will be granted for early payment.
Clause no. 5: Terms of payment
Orders must be paid for :
by cheque ;
or by bank transfer;
if applicable, indicate other means of payment accepted.
Upon registration of the order, the purchaser must pay the full amount of the invoice in order to receive the goods.
Clause 6: Late payment
In the event of total or partial non-payment of goods delivered on the date of receipt, the purchaser must pay the association des PN du 1/3 Navarre a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum outstanding, 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 indemnity of 40 euros to cover collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause 7: Resolutory clause
If, within fifteen days of the implementation of the "Late payment" clause, the purchaser has not paid the outstanding sums, the sale will be automatically cancelled and may give rise to a claim for damages against the association des PN du 1/3 Navarre.
Clause no. 8: Retention of title clause
The association des PN du 1/3 Navarre retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is the subject of receivership or liquidation proceedings, the Association des PN du 1/3 Navarre reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
Clause 9: Delivery
Delivery is made :
either by direct handover of the goods to the purchaser ;
to the place indicated by the purchaser on the order form.
The delivery time indicated on the order form is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the purchaser to :
compensation for damages ;
cancellation of the order.
Transport risk is borne entirely by the purchaser.
In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.
Clause 10: Force majeure
The association des PN du 1/3 Navarre cannot be held responsible if the non-execution or delay in the execution of one of its obligations described in the present terms and conditions of sale results from a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be referred to the Nancy Commercial Court.
Nancy, October 29, 2015
Association des PN du 1/3 Navarre
BA 133 Nancy Ochey