TERMS AND CONDITIONS
This document is for information only and cannot provide legal advice in the event of a dispute.
Clause 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company SARL BELGRANO known as EUCALY and its client in the context of the sale of the following goods: local natural foliage cut and bound as indicated in the product descriptions.
Any service performed by the SARL BELGRANO company known as EUCALY therefore implies the buyer's unreserved acceptance of these general conditions of sale.
Clause 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
SARL BELGRANO, known as EUCALY, has the right to change its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated during the registration of the order.
Clause n ° 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company SARL BELGRANO known as EUCALY would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause n ° 4: Discount
No discount will be granted in the event of early payment.
Clause n ° 5: Terms of payment
Payment for orders is made:
either by bank card;
either by paypal payment;
if applicable, indicate the other means of payment accepted.
When registering the order, the buyer must pay the entire order upon confirmation of the order and not upon receipt of the goods.
Clause n ° 6: Late payment
In the event of total or partial failure to pay for the goods delivered on the day of the order, the buyer must pay the SARL BELGRANO company known as EUCALY, a late payment penalty equal to three times the rate of legal interest .
The legal interest rate used 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 (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the date of expiration of the price without any prior notice being necessary.
In addition to the compensation for delay, any sum not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n ° 7: 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 allocation of damages for the benefit of the SARL BELGRANO company known as EUCALY.
Clause 8: Retention of title clause
SARL BELGRANO, known as EUCALY, retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a receivership or a compulsory liquidation, the company SARL BELGRANO known under the name of EUCALY reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Delivery
Delivery is made:
only at the place indicated by the buyer on the order form.
By TNT transporter.
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 may not give rise to the benefit of the buyer:
compensation for damages;
the cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all the 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 AR.
Clause n ° 10: Force majeure
The responsibility of the company SARL BELGRANO known under the name of EUCALY 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 arises 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 ° 11: Warning of toxic products
The SARL BERLGRANO company warns its customers that it uses toxic products in the powder dye diluted in water, for its foliage tinted by absorption. We inform you here of the risks linked to direct contact with these toxic products, which should not be the case for any of our customers. As a safety measure, we prefer to copy the indications notified to you on the packaging of the coloring powders that we use. We believe that any problems that could be linked to a counter indication of the information mentioned below, are in no way our responsibility in view of our information note.
The powder dye we use is: "Harmful by inhalation, in contact with the skin and indigestion. Keep out of the reach of children. Keep away from food and drinks. Do not breathe dust. Avoid contact with eyes. and the skin. In case of indigestion immediately consult the doctor and give him the container or label. Use only in well ventilated areas. Labeling in accordance with EU directives 67/548 and 88/379 and modifications. "
Clause n ° 12: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of DRAGUIGNAN.
Signed in TANNERON (83440), on March 1, 2019
Approved by the manager of BELGRANO SARL, Jean-Marc Belgrano.