General terms and conditions of sale
GENERAL:
Our general terms and conditions of sale apply to any order for products recorded by NEGOCE ILES in accordance with the provisions below.
Any contrary or different clause from our customers that has not been expressly accepted in writing by NEGOCE ILES shall not be binding on us.
Any order sent to NEGOCE ILES automatically entails the customer's unreserved acceptance of these terms and conditions.
PRICES:
Our prices are given for guidance only. The final selling price will be set taking into account metal, pearl and currency rates at the time of delivery. Adjustments will be made on the basis of the gold price on the day of invoicing. Weights are stated as theoretical weights and may vary upwards or downwards depending on manufacturing. Prices are exclusive of tax and are subject to VAT and the taxes in force.
LEAD TIME – DELIVERY – TRANSFER OF RISK:
Goods are delivered within the lead times set by custom, quotations or purchase orders, from receipt or confirmation of the order, whatever its medium. Lead times are indicative, unless a firm date has been expressly agreed.
No delay in delivery may justify the termination of the order, give rise to penalties or to cancellation of the order, unless otherwise stipulated and accepted by NEGOCE ILES. Any delivery that has been partially delivered or performed cannot be cancelled.
If collection of the goods is the buyer's responsibility, failure to collect them once they have been made available entitles NEGOCE ILES to resell the goods or, at the seller's sole discretion, to declare the sale automatically rescinded without formal notice after expiry of the period set for collection.
Our deliveries are made by carrier. The choice of carrier is ours unless otherwise specified by the buyer;
The transfer of risks and liability for the products sold takes place when they leave our premises, regardless of the mode of transport and the terms of payment.
It is the buyer's responsibility, at its own expense and on its own behalf, to make any reservations and carry out any formalities and procedures with the carrier in the event of late delivery or non-delivery, damage, missing items or otherwise. Any delivery received by the customer and not disputed within 48 hours constitutes unreserved acceptance of the goods and of the invoice terms. Non-conformity of part of the delivery does not release the buyer from the obligation to pay for all goods that are not disputed.
WARRANTY AND PROTECTION OF GOODS:
Unless otherwise stipulated, orders are performed in accordance with the standards, where they exist, and with customary tolerances, in standard qualities and without regard to the specific use for which the buyer intends them.
NEGOCE ILES warrants the goods against any hidden defect and manufacturing fault for one year from the date of our invoice, and undertakes to replace any defective part.
No warranty applies where the defect or deterioration results from events constituting force majeure.
Likewise, no warranty applies where the defect or deterioration results from poor maintenance or mistreatment of the goods by the buyer.
Any return for repair must state the name, the relevant invoice number and the product references, failing which it cannot be taken into consideration.
TERMS OF SETTLEMENT AND PAYMENT:
Unless otherwise stipulated in writing, the buyer must pay the full price stated on the invoice in cash upon receipt of the goods. At the customer's request, after review and approval by NEGOCE ILES, the customer may be authorised to make deferred payments, within the limit of a revisable credit line. Payment by cheque or bill of exchange shall only be deemed to discharge the debt once it has been successfully cashed. In the event of payment by commercial bill, the draft must be returned to us within fifteen days.
In accordance with Law no. 92.1442 of 31 December 1992, any late payment and/or non-payment, even partial, will automatically give rise to late payment penalties at a rate of 1.5% per 30-day period, plus unpaid-item charges. This interest shall only be due from the sending of a formal notice to pay by registered letter.
DEFAULT OF PAYMENT, PENALTY CLAUSE:
Any sum not paid by the date set on the purchase order or invoice will ipso facto and immediately entail the forfeiture of the payment term and make all amounts not yet due immediately payable, after a formal notice that has remained unheeded within 4 days of its receipt, the post office receipt being authoritative. Any default of payment will result in the immediate suspension of all deliveries, without any compensation.
The products and materials handed over by the customer to NEGOCE ILES, for whatever reason, constitute by express agreement a pledge in favour of NEGOCE ILES for the payment of all invoices, even those relating to products already delivered. NEGOCE ILES may retain said products and materials until full payment of all sums owed to it by the customer, on whatever basis.
Any goods returned for non-payment will be taken back, subject to our express agreement, at 20% less than the invoiced price. By express agreement, unless an extension has been requested in good time and granted, failure to pay for our deliveries by the due date will render payable, as damages and as a penalty clause, an indemnity equal to 15% of the sums outstanding, with a minimum of 160 euros excluding VAT.
RETENTION OF TITLE CLAUSE:
Pursuant to Law 80.335 of 12 May 1980, the transfer of ownership of goods delivered and invoiced is suspended until full payment of the price (applicable as a right of recovery even in the event of receivership or compulsory liquidation). It being specified that this retention of title is stated at the bottom of the invoice or on the purchase orders, the framing on the order forms and the signing of the carrier's delivery notes constitute acceptance of this retention of title, which cannot be stated.
INVALIDITY OF CLAUSE:
Should any of the clauses of these general terms and conditions be held null or void, this shall not affect the application of the other clauses.
JURISDICTION:
For any dispute relating to the formation and/or performance of a contract of sale or to payment of the price, as well as to the interpretation, performance or non-performance of the clauses and conditions set out above, the Paris Commercial Court shall have sole jurisdiction, regardless of the place of delivery or the method and place of payment, even if payment is made by domiciled bill, and even in the case of third-party proceedings or multiple defendants. The attribution of jurisdiction in the terms stipulated above is an essential clause of this agreement.