Clause n° 1 : Object
The general terms and conditions of sale and use described below detail the rights and obligations of GALEART SAS for the brand TOOLS & ART and its customer in the context of the sale of the following goods: tools and art objects. Any service provided by GALEART SAS for the brand TOOLS & ART implies the unconditional acceptance of the present general conditions of sale by the customer.
Clause n° 2 : Prices
The prices of the goods sold are those in force on the day the order is placed. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. GALEART SAS for the brand TOOLS & ART reserves the right to modify its prices at any time. However, GALEART SAS for the brand TOOLS & ART undertakes to invoice the goods ordered at the prices indicated at the time the order is registered.
Clause n° 3 : Discounts and rebates
The proposed prices include the discounts and rebates that the company GALEART SAS and the brand TOOLS & ART would have to grant taking into account its results or the assumption of responsibility by the purchaser of certain services.
Clause n° 4 : Discount
No discount will be granted in case of early payment.
Clause n° 5 : Terms of payment
The payment of the orders is made :
- either by check ;
- or by credit card via the payment link given when the order is taken ;
- or by bank transfer
- if necessary, indicate the other means of payment accepted.
At the time of the recording of the order, the purchaser will have to pay the total amount of the invoice.
Clause n° 6 : Late payment
In the event of non-payment of the total or partial of the goods delivered to the day of the reception, the purchaser must pay to the company GALEART SAS and the brand TOOLS & ART a penalty of delay equal to three times the legal interest rate. The legal interest rate is the one 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 VAT of the sum still due, and runs from the due date of the price without any prior formal notice being required. In addition to the late payment penalties, any sum, including the deposit, not paid at its due date, will automatically result in the payment of a fixed penalty of 40 euros due for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n° 7 : Resolutive clause
If in the fifteen days following the implementation of the clause "Delay of payment", the purchaser did not discharge the sums remaining due, the sale will be automatically resolved and will be able to open the right to the allocation of damages to the profit of the company GALEART SAS and the brand TOOLS & ART.
Clause n° 8 : Clause of property reserve
The company GALEART SAS and the brand TOOLS & ART retains ownership of the goods sold until full payment of the price, in principal and accessories. For this reason, if the purchaser is the subject of a recovery or a legal liquidation, the company GALEART SAS and the brand TOOLS & ART reserves the right to claim, within the framework of the collective procedure, the sold goods and remain unpaid.
Clause n° 9 : Delivery
The delivery is carried out :
- either by handing over the goods directly to the buyer ;
- or by sending a notice of availability in store to the attention of the buyer;
- or at the place indicated by the buyer on the order form. The delivery time indicated at the time of order registration is given as an indication only and is not guaranteed. Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the buyer to :
- the allocation of damages and interests;
- the cancellation of the order. The transport risk is borne in full by the buyer. In the event of missing or damaged goods during transport, the buyer must formulate all necessary reserves on the order form upon receipt of the said goods. These reservations must be confirmed in writing within five days of delivery, by registered mail.
Clause 10 : Force majeure
GALEART SAS for TOOLS & ART shall not be liable if the non-performance or delay in the performance of any of its obligations under these terms and conditions of sale is due to force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 11 : 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 amicable resolution, the dispute will be brought before the Commercial Court of AUCH
GALEART SAS for TOOLS & ART
321 Allée des Muriers
32600 Pujaudran, France
900758467
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