1 – Applicability of general conditions of sale
These General Terms & Conditions ( GTC) form the basis of commercial negotiation and are systematically addressed or delivered to each buyer to ordering.
Accordingly, unless otherwise agreed , the placing of an order implies full and unreserved acceptance of the buyer to these terms and conditions , to the exclusion of all other documents such as brochures , catalogs or otherwise, issued by the DELALANDE society and have an indicative value .
No special condition may, unless formal written acceptance of the Company DELALANDE prevail against the general conditions of sale.
Any condition contrary opposed by the purchaser will , therefore , in the absence of express agreement , enforceable against the Company DELALANDE , regardless of when it may have been brought to its attention.
The fact that DELALANDE Company does not prevail at a given time of any of these terms and conditions shall not be construed as a waiver of any subsequent one of said conditions.
2 – Order
To be valid, the order shall specify the type, reference and quantity of products sold and the agreed price, payment terms , the date and place of delivery or pickup.
Orders are not definitive , even when taken through representatives or employees of the Company DELALANDE , when they have been confirmed in writing.
Unless otherwise agreed, the confirmation of the order implies for the buyer acceptance of the conditions of sale of the Company DELALANDE the recognition of having perfect knowledge and waiver of its own conditions of purchase .
In case of shortage, DELALANDE Company will respond to commands according to their order of arrival and the extent of its availability.
The benefit of the order is personal to the purchaser and can not be transferred without the consent of the Company DELALANDE .
3 – Change of command
Any modification or cancellation of order requested by the buyer can not be considered unless it is received in writing prior to shipment of products.
If DELALANDE Company does not accept the modification or cancellation , deposits paid will not be returned .
Especially given the high turnover of models, DELALANDE Company reserves the right , past the period of three months after confirmation of the order, to make any changes it deems useful for its products and to change without notice patterns defined in its prospectus or catalogs.
4 – Price
The products are supplied at prevailing prices as shown in the last catalog published by the DELALANDE Company at the time of placing the order expressed in euro and taking account of VAT and other duties or applicable taxes day of the order ; any rate change will be reflected in the price of goods or services.
Accordance with the provisions of Articles L441 -6 and L441 -7 of the French Commercial Code , the special conditions of sale may be agreed at the end of a commercial negotiation. Obligations which would commit the parties and the terms of the sale transaction would in this case indicated in a written agreement adding or deviate from these which are otherwise the agreement referred to in Article L441 -7 commercial Code.
Any price reduction granted by the Company is DELALANDE exclusive promotional operations.
5 – Delivery
Delivery takes place in accordance with the order either by direct delivery of the product to the buyer , either by simple notice provision , or by delivery to a shipper or carrier in warehouses DELALANDE Company.
Deliveries are carried out according to availability and in the order of arrival of orders. DELALANDE the Company is authorized to make deliveries of partial or complete .
Delivery times are listed as accurately as possible, but are based on supply and transportation of the Company DELALANDE opportunities.
Overruns delivery time may give rise to damages , deductions or cancellation of orders.
However, if two months after the indicative delivery date the product was not delivered for any reason other than force majeure , the sale may then be canceled at the request of one or other party; the purchaser may obtain return of his deposit to the exclusion of any other compensation or damages.
Explicitly, are considered particularly constituting force majeure discharging DELALANDE Company from its obligation to deliver beyond those usually retained by the legal provisions and case law, the blocking of telecommunications , fire, water damage , blocking transport or supply , accidents , total or partial strike , machinery breakdown or failure of supply .
DELALANDE the Company will inform the buyer in a timely manner , cases and events listed above .
In any event, the delivery time can only occur if the purchaser is current on its obligations to the seller , whatever the cause.
6 – Reception
Without prejudice to take vis-à- vis the carrier , claims on defects or non-compliance of the product delivered to the ordered product or packing slip must be made in writing within eight days of arrival of the products .
It is up to the buyer to provide any justification as to the reality of defects or anomalies . He will leave the Company DELALANDE every opportunity to make the observation of these defects and remedy . It will refrain from intervening himself or to a third party for this purpose.
7 – Returns
All product returns must be a formal agreement between the aftermarket DELALANDE the Company and the purchaser service. Any product returned without this agreement shall be kept at the disposal of the buyer and does not lead to the establishment of credit. The costs and risks of return are always the responsibility of the purchaser.
The cost of treatment for any returned product , regardless of the reason , will be charged a flat rate at 15 € for the first item and € 5 for the following . The return will be effectively treated after payment of said package . In case of defect or non- conformity of the product found by the after-sales service , the said amount will be refunded as a credit .
In case of defect or non- conformity of the products delivered, duly noted by the after-sales DELALANDE the Company as provided above service, the purchaser may obtain a free replacement (provided that the product is still sold ) , or refund the product vendor selection , to the exclusion of any compensation or damages. In case of refund and if the product is subject to a promotion or destocking, will have established promotional prices or destocking .
8 – Security
The DELALANDE products are guaranteed against defects in operation from faulty material, design or workmanship for one year from the date of purchase ( validated by a receipt or invoice) . Interventions under the warranty shall not have the effect of extending the length thereof .
Under this warranty, the sole obligation of the DELALANDE Company will, at its option, free replacement or repair of the product or the defective component recognized by its after-sales service unless that remedy appears impossible or disproportionate. To obtain warranty service , all products must be previously submitted to the expertise of the after sales service of the Company DELALANDE whose agreement is required for any replacement or repair shop . Possible shipping costs are the responsibility of the purchaser shall not be entitled to any compensation if the goods are due to the application of the guarantee .
To satisfy the buyer , the DELALANDE Company makes its best efforts to keep parts in stock and products for an exchange or repair , without being able to be as required to keep parts in stock for the missing product catalog for more than three years .
The warranty does not apply to obvious defects .
Also excluded are defects or damage caused by:
– Normal wear and tear , shocks , twists , accident or lack of maintenance .
– A procedure performed on the product without authorization , or unplanned changes or specified by the Company DELALANDE ..
9 – Billing
Unless otherwise agreed, an invoice is issued for each delivery and when it.
11 – Risks
The buyer bears the risk , even if agreed sale franco, from shipping warehouses DELALANDE Company.
It therefore follows that the goods travel at the risk of the purchaser to which it belongs in case of damage , loss or missing , making any reservations or to exercise any recourse to the responsible carriers.
12 – Retention of title
DELALANDE the Company retains full ownership of the goods sold until payment of the full price in principal and accessories , including fees and taxes. The buyer shall not resell , rent or pledge all or part of the products before full payment of the amounts due to the Company DELALANDE . If processing or integration of products not fully paid, the ownership of the DELALANDE Company will be transferred to the corresponding part of the price though resulting from the processing or integration . In the event that the delivered products are sold or processed until full payment, any product of the same kind and quality equal to that delivered during the last twelve months by DELALANDE Company and in the possession of the purchaser may be subject to a recovery to a value corresponding to the amount due. The buyer authorizes in advance the Company DELALANDE coming recover the products subject to the present , as he agrees to bear the costs .
Goods not fully paid are considered the responsibility of the buyer in all respects.
Partial payments will eventually intervened to cover damages arising from the breach of contract (disappearance , resale, degradation, removal costs , etc).
All products sold by the Company are DELALANDE subject to this reservation of ownership.
14 – Jurisdiction – Challenge
In case of dispute concerning the interpretation or implementation of their agreements, the parties shall seek before any litigation , an amicable agreement and shall communicate this purpose all the necessary information.
Will have exclusive jurisdiction in any dispute of any nature or dispute relating to the formation or execution of the order, the Tribunal de Commerce de TOURS unless DELALANDE Company prefers to refer any other jurisdiction .
This applies even if summary proceedings, demand or plurality of defendants or of third parties , and regardless of the method and terms of payment, without the jurisdiction clauses may exist on documents buyers can put obstacle to the application of this clause.