Terms of Service
STANDARD TERMS AND GENERAL CONDITIONS OF SALE OF FANETTE (LA PRESTIC OUISTON)
1. Any order entails unconditional acceptance by the Buyer of these standard terms and general conditions of sale, (hereinafter the GCS), which have priority over any other document, whoever the author may be. Any derogation shall be valid only if previously agreed in a written form between the Buyer and Fanette.
2. All orders must relate to a minimum quantity of products, that will be communicated by Fanette to the Buyer. A deposit of 30% minimum of the total order is required when placing the order.
Orders will only be considered accepted after their confirmation by Fanette in the order confirmation sent by mail, e-mail or fax to the Buyer.
The benefit of the order is personal to the Buyer and cannot be transferred without the express and written agreement of Fanette.
Any order accepted by FANETTE is irrevocable for the Buyer unless the Buyer changes or cancels the order, which must, in order to be valid, be received in writing by FANETTE no later than ten (10) working days after receipt by the Buyer of the order Confirmation.
No total or partial cancellation of order by the Buyer after this period will be valid, the total value of the order remaining in any case due by the Buyer in this case. These provisions will not be applied to conditional sales, subject to sales to final consumers.
3. The products are billed at the price in effect on the date of the order. Prices are EX WORKS, as defined by Incoterms 2000, packaging included. The price thus calculated will be binding on the Buyer irrespective of fluctuations in the exchange rate or the monetary system.
4. Deliveries of products are EX WORKS (Incoterms 2000). Therefore the products travel, in all cases, at the Buyers risk , whatever the conditions or means of transport, the risks of the products being transferred to the Buyer who will bear all of them as soon as the products are delivered to the Buyer's carrier at FANETTE's premises. In case of loss or damage, the sole remedy of the Buyer will be against the carrier.
The products being delivered EX WORKS from the premises of the logistics partner of FANETTE, the loading and transport costs shall always be borne by the Buyer.
5. The delivery dates provided by FANETTE are estimated, as deliveries are made according to the availability of FANETTE and following the sequence in which the orders arrive. FANETTE can also proceed to deliveries globally or partially.
FANETTE's failure to deliver on the estimated date communicated by FANETTE will not be grounds for canceling an order and may not give rise to damages, withholding or cancellation of orders in process.
In any case, the delivery can only take place if the Buyer is up to date with his obligations towards FANETTE.
6. Upon receipt of the products, the Buyer will check the contents of the packages. All claims for defects or non-compliance of the delivered products must be made in writing within thirty (30) days of receipt of the products by the Buyer. After this period, products will be considered accepted in quantity and quality.
The Buyer must provide any justification as to the reality of the defects and / or non-conformity and will have to leave FANETTE free to investigate the causes of the alleged defects and / or non-conformity (s). The Buyer may not return any product without prior written authorization from FANETTE. Any return accepted by FANETTE will lead to a credit, after qualitative and quantitative controls of returned products.
FANETTE cannot be held responsible in case the products are not used according to the use for which they are intended and in compliance with basic safety rules (specific instructions appear on the boxes of products when necessary).
7. During the season and before sales discounts, the Buyer can make an exchange request of a value 20% greater than the value of the returned product(s), without exceeding 20% of the initial order and subject to the availability of products in stock. Shipping costs related to the exchange are the responsibility of FANETTE.
The products can be returned or exchanged as long as they are in the same condition as when they were purchased and still have the bag or sticker identification with which they were sent. Additional charges (pressing & handling costs) will be applied if these conditions are not met.
8. The interruption of the activity of the Buyer or of FANETTE or a substantial impact on all or part of this activity, resulting from a fire, a flood, an earthquake, unusually harsh weather conditions, a strike, a war, a fortuitous event, an embargo, an insurrection, a government regulation or any other cause beyond its reasonable control, will give FANETTE the possibility of canceling all or part of the order without incurring any responsibility towards the Buyer.
9. If FANETTE does not exercise a prerogative that is recognized by the GCS or does not require the execution by the Buyer of a provision of the GCS, that shall in no way be interpreted as an express or tacit waiver of FANETTE of his right to exercise such prerogative in the future, or his right to demand the scrupulous execution of his obligations by the Buyer. If one of the provisions of the GCS is to be null for any reason, all the other provisions will remain in force and will continue to apply.
10. When not paid in advance, the products sold, including those held by the Buyer, will remain the property of FANETTE until the payment of the full price, in principal and interest, if any, (the receipt of a draft or of any other document creating an obligation to pay does not constitute a payment). Consequently, FANETTE may claim back the products, in accordance with the provisions of the law of 12 May 1980 and articles L.624-9 et seq. of the French Commercial Code, it being specified that products still in possession of the Buyer shall be presumed to be those still unpaid fully or in part. The Buyer is however authorized to resell the products in the normal course of business. In case of non-payment by the Buyer of any of the invoices on its due date, the resale authorization will cease by right. In the event of non-payment at the due date, of all or part of the price of the products, FANETTE reserves the right to proceed immediately to the take-back of the products. In such a case, the transport costs incurred for the return of the products will be borne by the Buyer.
11. Invoices are denominated in euros and payable in euros. Payments will be made by transfer, check or accepted draft if FANETTE has previously expressly approved in writing this latter method of payment. Invoices are payable at the head office of FANETTE currently located at 54, rue Rene Boulanger 75010 PARIS, France. Payments are made, unless written authorization by FANETTE, in advance, without discount, upon presentation of proforma invoice and without the Buyer being able to operate the compensation or make any deduction whatsoever.
12. If by exception to the above, FANETTE has granted payment terms, in case of total or partial non-payment on the due date, FANETTE reserves the right to:
• charge interest for delay in payment equal to 3 times the legal interest rate in force, together with a penalty of 40 euros (Article L441-6 of the Commercial Code). These amounts will be payable without prior notice on the day following the initial settlement date on the invoice, and / or
• hold deliveries until payments are cleared, and / or
• refuse to accept any new order
13. The FANETTE price list will remain in force until FANETTE has communicated to the Buyer a new one.
14. Any disputes arising from or in connection with the interpretation, validity or performance of the GCS will be subject to the exclusive jurisdiction of the courts of Paris, France, which the Buyer expressly accepts. FANETTE may, however, apply to the competent local courts for any protective, remediation or enforcement measures. The GCS are subject to French law. The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on April 11, 1980, will not apply between Buyer and FANETTE.
15. The GCS cancel and replace any previous version of FANETTE's standard terms and general conditions of sale. They can be changed at any time by FANETTE.