ART 1 – OPPOSABILITY
The fact of placing an order implies the full and unreserved acceptance of the buyer to these GCS to the exclusion of all other documents such as prospectuses, catalogs, issued by the seller and which have only an indicative value. No particular condition can, except formal and written acceptance of the seller, prevail against the GCS. Any contrary condition opposed 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 himself at a given time of any of these T&Cs cannot be interpreted as a waiver to avail himself later of any of the said conditions.
ART 2 – ORDER
Orders placed by any means must be signed by the customer.
In the event of a request for modification or total or partial cancellation requested by the customer, this must be sent to us in writing, at the latest, 4 weeks after the order is taken and at least 2 weeks before the delivery date. desired.
ART 3 – DELIVERY
Delivery means the delivery of the products to the customer at the place indicated on the order form.
15-1 Diffusion reserves the right to deliver order balances within a maximum period of 100 days from the delivery date initially scheduled on the order form.
Exceeding delivery times cannot give rise to damages.
Are considered as cases of force majeure releasing the seller from his obligation to deliver: war, riot, fire, strikes, accidents, the impossibility for himself to be supplied.
The company reserves the choice of the carrier except special request of the customer.
Shipping is invoiced according to a quantitative scale or according to specific agreements.
ART 4 – DISPUTES
When there is a dispute upon arrival of the package, it is imperative to check the goods. The customer must notify the supplier by any means within 24 hours of the delivery date (not including public holidays) of the details of the missing and/or damaged items. In this case, 15-1 Diffusion will carry out an audit.
ART 5- WARRANTY
The products are guaranteed against any material or manufacturing defect for a period set out below from the date of delivery to the customer:
- children’s optical frames: 2 years
- adult optical frames: 2 years
- sunglasses for children and adults: 1 year
Interventions under the warranty cannot have the effect of extending the duration of the latter.
Under this guarantee, the only obligation incumbent on the seller will be the free replacement of the product or element recognized as defective by its services. The seller reserves the right to check the origin of the defect. Defects and deterioration caused by natural wear or by an external event (erroneous assembly, faulty maintenance, abnormal use, incident covered by civil liability insurance) will be excluded. We cannot be held responsible for any other damage suffered by our customers.
In the event that the defect is not covered by the guarantee, the postage is always the responsibility of the buyer.
ART6 – PRICE
The products are supplied at the price in effect at the time the order is placed.
The prices are understood to be net, departure excluding taxes on the basis of the prices communicated to the buyer. We reserve the right to change our prices at any time without notice.
All taxes, duties or other benefits to be paid in application of French regulations or those of an importing country or a transit country are the responsibility of the buyer.
ART 7 – INVOICING
An invoice is drawn up for each delivery and issued at the time of delivery. In the event of delivery of a spare part to ensure after-sales service, a shipping note accompanies the part. This voucher is invoiced if the defective part is not returned to the supplier within L11 months.
ART 8 – PAYMENT TERMS
Payments are made 30 days from the date of issue of the invoice, without discount.
By express agreement, failure to pay for our supplies on the due date may result in:
- possibility of suspending new deliveries
- the immediate payment of all sums remaining due
- late penalties based on the ECB refinancing rate plus 10 points
- the payment of a lump sum compensation of 15% of the debt due, as a penalty clause
- denunciation of the payment deadline granted
- the payment of a lump sum compensation for recovery costs of €40
ART 9 – RETENTION OF OWNERSHIP
The goods supplied will remain the property of 15-1 Diffusion, until effective payment of the full price in principal and incidental. This provision does not preclude the transfer to the buyer upon completion of the sale, of the risks of loss and deterioration of the goods sold.
ART 10-RETURN OF PRODUCTS/EXCHANGE
The return of products or the exchange, must be, (after express agreement and visa of the commercial delegate as well as the customer), established on the specific forms of the supplier. No exceptions will be made and without this agreement, the package will be refused. The return of goods means exclusively in the initial states, that is to say in good condition with case. No return postage will be accepted.
ART 11 – JURISDICTION
In the event of a dispute of any kind or dispute relating to the formation or execution of the order, the commercial court of Bobigny will have sole jurisdiction.