These general terms and conditions of sale supersede any clauses to the contrary printed or handwritten contained in the order or any other document issued from the buyer.
Conclusion of the contract: Sales and contracts negotiated either directly or through agents and representatives obtain their validity only by the written confirmation of the seller who sets the conditions of payment and fulfilment.
Deliveries:All our goods are considered taken in our stores, even if the shipment is without fees. Transportation is at the risk of the recipients (Article 100 of the Commercial Code). In the course of transport, in case of total or partial loss, damage, delays in routing, and in general, whatever the incident, reservations, appeals and claims shall be the buyer who can not give reason to delay payment.
Fulfilment: Unless explicitly accepted by the seller, products are manufactured to current market quality. The seller shall not be liable for any incident arising out of the use of products if the seller was not consulted at the time of consultation on the uses for which it was intended. The seller assumes no liability if the technological qualities associated with these uses if they have not been clearly specified and accepted by the seller, within the tolerance ranges of current standards.
The seller accepts only firm orders: any order marked “service merchandise“ or “merchandise deliverable on request” will be refused by the seller and will not be confirmed.
Given the tolerance of the raw material titles and the quality of the coloring products, the seller can not guarantee a fabric weight and a conformity of nuances unless subject to the same tolerances.
The seller reserves the right not to deliver goods deemed to be defective without necessitating their replacement or any compensation whatsoever. The sale shall be deemed to have been accepted by the purchaser, except for observations made within eight days of the confirmation of the order or invoice in lieu thereof.
Cancellation for delay: No cancellation for any reason whatsoever, and in particular, for late delivery, will be accepted if it has not been preceded by a formal notice by registered letter the expiry of the dates of delivery provided by the confirmation of the seller and requiring delivery within a period of not less than 15 days. Delays in delivery will never give rise to damages. No cancellation by the buyer entitles compensation.
In case of force majeure: In case of force majeure, fire, flood, lack of fuel, strikes, lock-outs, shortage of raw materials, interruption of transport, machinery breakdown, unforeseeable disturbances of manufacturing conditions the seller declines all responsibility, reserves the right to cancel the order, even if delivered in part, and is released from the obligation of delivery without any claim for compensation being made.
Payment: Whatever the place and mode of delivery, the goods are deemed to be payable to the head office of the seller: the acceptance of drafts or any other method of payment does not constitute exemption from this clause. Payment must be made by bank notes, check or transfer. Refusal of acceptance of the bill or its return of acceptance deferred for more than 15 days makes the payment immediately due by check or by transfer.
The payment period starts from the invoice date and in no case from the date of receipt or delivery of the goods. Failure to comply with the terms of payment, even in the event of force majeure, automatically renders the balance due and authorizes the seller to postpone or cancel the outstanding contracts without notice. Any invoice not paid at the agreed maturity will automatically be increased by 1.5 per month of delay to which will automatically be added a flaterate recovery compensation of 40€ in additional to conventional interest and damages.
Our general terms and conditions of payment apply in accordance with French legislation. For a prepayment within 10 days, a reduction of 0.50% per actual payment month will be applied with a maximum of 1.50%. In the case of a discount for early payment, deductible taxes will be reduced by the same percentage.
Claims: The buyer is required to check the goods upon reception. Claims relating to the conformity and quality of delivery shall be admissible only if the manufacturer’s manufactures have not been tampered with, altered, processed or used and provided they are made to the seller by registered letter, within a period of 15 days from the delivery date by the carrier. Whatever the object of the claim, it can not be considered after the period of 2 months of the date of shipment.
No return of goods will be accepted without the prior agreement of the seller.
Insofar as the claim is accepted, the liability of the seller is expressly limited to the replacement of the goods recognized as defective (or to the reimbursement of the price at which they were billed, without the seller being held to the immediate manufacture of replacement products). In any event, the goods shall be kept at the disposal of the seller.
In case of a reduction for defective fabric, in no case, this reduction can not exceed the value of the fabric excluding VAT.
Before handling, the fabric must be checked.
We regret that we can not accept claims for fabrics already cut, fashioned or processed.
Please note that each item must be manufactured with the fabric of the same piece.
Litigations: Notwithstanding any clauses to the contrary which may appear in the terms of the purchasers, jurisdiction is attached to the Commercial Court of Troyes which has sole jurisdiction, irrespective of the nature, cause, or location of the litigation and may be the additional terms of the sale, even in the case of recourse on warranty from multiple defendants.
In the case of a dispute requiring analysis, only those that will be made by one of the laboratories approved by the professional organization of the seller will be opposable to the seller.
The professional organization of which the seller is responsible may intervene in any dispute relating to the interpretation or the application of the present general conditions of sale.
For all that is not indicated in the above conditions, refer to the general conditions of sale of the manufacturers of knitted fabrics.
Our goods are sold under the general conditions and specific conditions of sales of the manufacturers of knitted fabrics. Our goods, even sold with free delivery, travel at the risks and peril of the consignee who shall agree with the carrier for the damages and interests in the case of losses and damages.
They are payable at the registered office of the Company. Free delivery, our bills of exchange or acceptance of regulations shall not act as novation or exemption to this clause granting jurisdiction, the transfer of ownership to the buyer is acquired only after the payment of the total price, under the law 80.335 of 12-05-80.
In the event of a dispute, the Commercial Court of Troyes shall have exclusive jurisdiction.