TERMS & CONDITIONS - LOOPITA DECORATION PROFESSIONAL
1. Identification of the seller
All the products appearing in these general conditions of sale are sold and distributed by the company HH domiciled at 24 rue de la poste 40200 MIMIZAN and registered at the RCS of MONT-DE-MARSAN under number 483 174 397, trading name LOOPITA. The seller is engaged in wholesale trade and in particular the creation and marketing of various items of decoration, tableware and accessories. These general terms and conditions are exclusively intended for sales and distribution professionals and do not apply to the distribution of products to individuals.
2. Scope of application
These general conditions of sale apply to all commercial relations, contracts and orders placed from 1 December 2016 until December 31, 2017. For any orders after this date, the Seller will, within 48 hours, send new terms and conditions and the new tariffs. Failing this, the present conditions will remain applicable to the order. Prices available on-line at Seller's site may be subject to revision each year during the month of implementation of the market rate. These new revised tariff conditions will replace the old ones.
3. Object and Products
HH - LOOPITA designs, creates and distributes decoration items, tableware and accessories in several themes and collections. Any alternative use of these objects is not considered as intended use and is not the responsibility of the Seller. The photographs and representations of the products or their packaging whatever the medium have no contractual value and constitute only a commercial presentation of the offer. The products sold may have discrepancies in colour, size, weight, dimensions, proportions, finishes or material. The replenishment of the material is done directly by the manufacturer and therefore is not the responsibility of the Seller. The delivery, supply and replenishment dates stipulated in the commercial documents are given as an indication and may vary according to the arrival of products and raw material and the production schedule of the workshop.
4. Sales price
The prices of the products distributed by the Seller can be accessed directly by the Buyer on the Sellers website using confidential codes created during the registration process. All prices are quoted in Euros. The prices of the articles do not include transport and are quoted excluding sales tax of 20%. The Seller reserves the right to modify the prices, without prior notice, in case of currency fluctuations or updates of its manufacturers, partners or raw material. Any modifications will be transmitted to the Buyer with their order form containing the final purchase price as stated in Article 5 below. The Buyer may therefore refuse this modification, which will entail, if no agreement is found between the parties, a cancellation of the order under the conditions provided for in Article 8 below
5. Order conditions and finalisation of order
Orders must be addressed to the Seller either by e-mail to: firstname.lastname@example.org; by order form completed in person by the Buyer during a visit; or directly online as a registered user on the site loopita.fr. The Buyer must indicate in writing a desired delivery time on the order form. If no date is stated no claim on any delay will be accepted even if the order has been validated and registered. The minimum debut order is 400 euros exc. tax, and 200 euros exc. tax when reordering. The minimum order quantity is 3 items.
Special conditions of carriage may be purchased from the commercial department under the conditions provided for in Article 7.2. A contract will only be accepted if a receipt has been issued by the Seller and transmitted to the Buyer. The absence of a receipt, issued by the Seller, will be deemed as to no binding contract. By placing an order, the Buyer unreservedly accepts the Seller's General Conditions of Sale and waives its own General Terms and Conditions of Purchase. In case of unavailability of a product ordered, the Purchaser will be informed by e-mail. The cancellation of the order of his product and his possible reimbursement will then be made, the rest of the order remaining intact.
6. Terms and conditions of payment
All initial orders will be paid in cash, without discount, by bank transfer or by credit card online at the time of ordering. The goods will be dispatched only after receipt of the full amount by the Seller. Subsequent orders will be settled as follows:
For companies not covered by COFACE payment services:
- Any purchase of goods will be paid in cash at a discount of 2%;
For companies covered by COFACE payment services:
- A deposit of 40% of the total price is to be paid when ordering, the balance will be settled on delivery or within 30 days of the invoice date.
-Depending on the buyer's outstanding balance, a method of payment by Lettrede Change Relevé(LCR) accepted up to 30 days from the date of the invoice may be chosen.
- This must be returned to the Seller, validated, stamped and signed within 15 days of receipt of the goods.
In case of non-payment, all the sums due will become immediately due in full. The Seller may choose to unilaterally terminate this method of payment.
Other methods of payment:
The Buyer must inform the Seller of any other method of payment.
- In case of payment by bank cheque, the goods will be shipped only after the funds have cleared.
All orders must be paid in full at time of ordering, otherwise the quantities ordered cannot be guaranteed and the order will be cancelled by the Seller.
In all other account orders, the maximum payment period is fixed on the 30th day following receipt of the goods or order, which is not later than 60 days after the date of invoice or at the end of the month after 45 days.
In accordance with Articles L.441-6 and D.441-5 of the French Commercial Code, in the case of late payment, the interest rate applicable may be, whichever is greater, between the rate of refinancing of the European Central Bank (ECB) plus 10 points or triple the legal interest rate. The applicable rate will be shown on the invoice. A lump-sum charge of 40 € will be charged for collection costs and for any delay in payment.
7. Tariffs, terms and delivery
7.1. Standard Delivery Conditions
Delivery is provided by the Seller through a Carrier of its choice. The Buyer is deemed to have accepted the conditions of carriage of the Seller, as follows
- For any first order of articles above 400,00 euros exc. tax, the delivery is carried out free of charge in Metropolitan France. Otherwise, subject to the order and re-order conditions in Article 5, a contribution to the transport costs will be invoiced by the Seller.
- The orders will be delivered in a single point of delivery in Metropolitan France as stipulated when ordered.
- The delivery dates are given as an indication and may vary according to the availability of the Products, the production schedule and the raw materials.
Unless proven to be the fault of the Seller, they cannot be held responsible for any delays in deliveries or problems encountered in transport operations (deterioration of the goods, destruction, loss or theft, or incomplete delivery). However, the Seller will assist the
Buyer in any subsequent claims against the Delivery company.
7.2. Special delivery conditions
The Seller may propose guaranteed delivery times which will be invoiced per package and in addition to the standard rate base.
At the written request of the Buyer, the Seller may subscribe on their behalf, a specific delivery contract with a Carrier.
In the event that the goods are not delivered within the guaranteed deadlines, the Seller, being independent, cannot be held responsible for any commercial damage and it will be for the Buyer to pursue the Carrier's liability. The Seller shall assist the Purchaser in obtaining the activation of the Carrier's guarantee for the benefit of the Buyer
7.3. Joint agreements
In case of cancellation of an order due to a transport problem, the cancellation costs remain the responsibility of the Buyer.
The transfer of the risks in the event of destruction or degradation of the goods takes place on removal of the goods from the warehouses of the Seller by the Carrier.
Any issues relating to the condition of packages or the goods must be made upon receipt of the delivery upon the delivery note from the Carrier. Photographs of the goods and cartons must also be made upon receipt. A copy of the delivery note mentioning the issues and the photographs must be sent to the Seller within 3 days of receipt of the goods by registered post in accordance with the provisions of article L133-3 of the Code of Commerce. Otherwise, the guarantees provided by the Carrier may be inapplicable to the transaction and the Seller cannot be held responsible for them. The claim made by the Buyer does not suspend payment by the Buyer of the goods concerned.
7.4. Transport times
The transport times indicated on the Buyer's purchase orders are given as an indication and are not guaranteed. In the event that the product ordered is out of stock the delivery times are increased, three weeks minimum, and can be lengthened according to the capacity of the workshop. If the Buyer wishes guaranteed delivery times, it must be mentioned on the purchase orders. These guaranteed periods will be invoiced in addition and will have to be validated technically by the sales department of the Seller and confirmed by all the service providers (workshops, transporters and stock). HH - LOOPITA shall not be liable for any delays in the time it takes to clear customs ( a further period of approximately 3 days).
8. Cancellation of order
Except in the case of unavailability of a product or modification of the price by the Buyer, as mentioned in Article 4 above, no order can be cancelled or modified by the Buyer. Exceptions are with the Seller's written agreement and about payment of the freight costs and the cost of the raw materials of the goods ...
Upon the agreement of the Seller to cancel the order, the Buyer must proceed with the return of the goods under the conditions provided in Article 10 below.
9. Sellers Guarantee
Except for the exclusions and limitations of warranties stipulated in these Terms and Conditions, any non-conforming merchandise deteriorated with packaging or tainted by a malfunction which is detrimental to its normal use may be returned subject to the Seller's warranty under the conditions in Article 10 below. The Seller does not take over the entirety of the goods but only the units affected by the defect, unless the Buyer establishes that the whole of the merchandise is affected.
10. Return of goods
The Buyer must obtain the prior authorisation of the Sellers commercial department before returning the goods.
With the exception of a return under guarantee, the authorisation is free of charge and purely commercial and is therefore not subject to any obligation of the Seller.
In case of goods within their legal guarantee, the Seller will bear the costs related to the return.
In all cases the return must be made in the original packaging in good condition.
The Seller will not accept any return request made more than 5 working days after the delivery date.
The following are automatically excluded from any return, even under guarantee, in particular:
- Goods returned without their original packaging;
- Goods used, dirty or damaged by the Buyer.
The Seller reserves the right of ownership of the delivered goods until the total payment of the corresponding invoice. In this context, any costs incurred for the recovery of the goods and their return to the shop will be due by the Buyer and may be re-invoiced by the Seller.
12. Intellectual Property
The Seller assets their rights as the owner of all forms, distinctive signs and industrial techniques which they use in the manufacture, marketing or marking of the Products or that these belong to the public domain.
13. Applicable law
These conditions of sale must be read and interpreted in the light of French law.
In case of dispute and whatever the nature and in which case an amicable agreement cannot be found, only the court of commerce of MONT DE MARSAN (40000) will have authorisation.