Terms of Service
TERMS OF SALES
Applicable from November 15, 2021
Clause no. 1: Purpose and scope
These general conditions of sale (GTC) constitute the basis of commercial negotiation.
The general conditions of sale described below detail the rights and obligations of the company LA TRUITELLE SAS and its customer in connection with the sale of goods marketed by the company.
Any acceptance of the estimate/purchase order, including the clause "I acknowledge having read and I accept the attached general conditions of sale" implies the buyer's unreserved acceptance of these general conditions of sale. By placing an order, the Buyer formally accepts these conditions. The application of any other condition (for example the Purchaser's conditions of purchase) is always excluded even if LA TRUITELLE SAS does not reject them in writing, except by mutual agreement of the parties.
Any deviation from these conditions must be agreed in advance and recorded in writing on the offer.
Clause 2: Order
Our offers are submitted without engagement on our part. Orders will be made either in writing or by email.
Any verbal order will be the subject of a systematic acknowledgment of receipt to the Buyer. In the absence of written instructions to the contrary from the Buyer within 48 hours, the verbal order will be considered firm and final.
Clause 3: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
LA TRUITELLE SAS reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause 4: Discounts and rebates
The prices offered include the discounts and rebates that the company LA TRUITELLE SAS would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause 5: Discount
No discount will be granted in the event of early payment.
Clause no. 6: Methods of payment
The payment of orders is made:
either by bank transfer;
either by check;
either by bank card;
Payments will be made under the following conditions:
Payment 30 days after receipt of goods
Clause no. 7: Late payment
In the event of total or partial non-payment of the goods delivered on the due date, the buyer must pay LA TRUITELLE SAS a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of €40 due for recovery costs. (Articles 441-10 and D. 441-5 of the Commercial Code).
Clause no. 8: Cancellation clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of LA TRUITELLE SAS.
Clause no. 9: Retention of title clause
LA TRUITELLE SAS retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer is subject to receivership or judicial liquidation, the company LA TRUITELLE SAS reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 10: Delivery
Delivery is made:
either by direct delivery of the goods to the buyer;
or by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
the award of damages;
cancellation of the order.
The risk of transport is fully borne by the buyer.
In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR addressed to the company.
Clause n° 11: Force majeure
The responsibility of the company LA TRUITELLE SAS cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. . As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n° 12: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will fall under the exclusive jurisdiction of the Commercial Court of Carcassonne.