General Conditions of Sale SARL Delalande Pêche
1 - Application and enforceability of the general conditions of sale
These general conditions of sale constitute the basis of commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
Consequently, unless otherwise agreed, placing an order implies the buyer’s full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents such as prospectuses, catalogs or others, issued by the DELALANDE company and which have only indicative value.
No particular condition can, except formal and written acceptance of the DELALANDE Company, prevail against the general conditions of sale.
Any contrary condition opposed by the buyer will therefore, in the absence of express acceptance, be unenforceable against the DELALANDE Company, regardless of when it may have been brought to its attention.
The fact that the DELALANDE Company does not avail itself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of said conditions.
2 - Order
The Customer can place an order with DELALANDE PECHE by mail, email, via the website www.delalande-peche.fr using the dedicated customer area, or through a sales representative of DELALANDE PECHE.
To be valid, the order must specify in particular the type, references and quantity of products sold as well as the agreed price, terms of payment, place and date of delivery or collection.
Orders are only final (even when taken through representatives or employees of DELALANDE) when they have been confirmed in writing.
Unless otherwise agreed, the confirmation of the order entails for the buyer the acceptance of the conditions of sale of the DELALANDE Company, the recognition of having full knowledge of them and the waiver of his own conditions of purchase.
In the event of a shortage, the DELALANDE Company will respond to orders according to their order of arrival and to the extent of its availability.
The benefit of the order is personal to the buyer and cannot be transferred without the agreement of DELALANDE.
3 - Modification of the order
Any modification or cancellation of an order requested by the buyer can only be taken into consideration if it is received in writing before the products are shipped.
If the DELALANDE Company does not accept the modification or the resolution, the deposits paid will not be returned.
Given in particular the frequent renewal of models, DELALANDE reserves the right, after the period of three months after confirmation of the order, to make any modifications it deems useful to its products and to modify the models without prior notice. defined in its prospectuses or catalogs.
4 - Prices
The products are supplied at the prices in force as appearing in the last catalog published by the DELALANDE Company at the time of placing the order, expressed in euros and taking into account VAT and other duties or taxes applicable on the day of the order; any rate change may be reflected in the price of products or services.
Unless otherwise agreed, prices are understood to be net, excluding transport, excluding taxes, based on the prices communicated to the buyer.
Any tax, duty, duty or other service payable under French regulations or those of an importing country or a transit country are the responsibility of the purchaser.
Any price reduction granted by the DELALANDE Company is exclusive of promotional operations.
4.2 Payment terms
For any first order from a new customer, payment is made in advance and in particular before delivery of the goods.
4.3 Delay or penalty for non-payment
In the event of late payment of a single installment, DELALANDE reserves the right to declare ex officio the forfeiture of the term of the order, all the sums due and payable by the CLIENT, both under the disputed invoice. than all other invoices not yet due, then becoming immediately and directly payable, without prejudice to the application of the clauses
The DELALANDE Company may request, in summary proceedings, the return of the products without prejudice to any other damages. The resolution will affect not only the order in question but also all previous unpaid orders, whether delivered or in the course of delivery and whether their payment is due or not. In the event of payment by commercial paper, failure to return the item will be considered a refusal of acceptance equivalent to a default in payment. Likewise, when payment is in installments, the non-payment of a single installment will result in the immediate repayment of the entire debt, without formal notice.
In any case, payments may not be suspended or be the subject of any compensation without the prior written consent of the DELALANDE Company. Any partial payment will be charged first to the non-privileged part of the debt, then to the sums of which the oldest is due.
When the contractual payment conditions are not met, DELALANDE PECHE reserves the right to refuse all new deliveries.
4.4 Requirement for collateral or payment
DELALANDE reserves the right at any time, depending on the risks incurred, to set an overdraft limit for each buyer and to require certain payment terms or certain guarantees. This will be the case in particular if a modification or assignment or rental, pledging or contribution of its business has an unfavorable effect on the buyer’s credit.
5 - Delivery
Delivery is made in accordance with the order either by direct delivery of the product to the purchaser, or by simple notice of availability, or by delivery to a shipper or a carrier in the warehouses of the DELALANDE Company.
Deliveries are only made according to availability and in the order of arrival of orders. DELALANDE is authorized to make total or partial deliveries.
Delivery times are indicated as exactly as possible, but depend on the supply and transport possibilities of the DELALANDE Company.
Exceeding delivery times cannot give rise to damages, withholding or cancellation of orders in progress.
However, if two months after the indicative delivery date the product has not been delivered, for any reason other than a case of force majeure, the sale may then be resolved at the request of either party. ; the purchaser may obtain restitution of his deposit to the exclusion of any other compensation or damages.
Expressly, are considered as constituting in particular cases of force majeure releasing the DELALANDE Company from its obligation to deliver, in addition to those usually retained by legal provisions and case law, blocking
telecommunications, fire, water damage, blockage of means of transport or supplies, accidents, total or partial strike, machine breakdown or the impossibility of obtaining supplies.
The DELALANDE Company will keep the buyer informed in a timely manner of the cases and events listed above.
In any event, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause.
5.3 Transport and risks
The products are deliverable in France at the buyer’s expense. In all cases, they travel at the risk and peril of the recipient to whom it belongs in the event of damage or missing items, to make all the necessary findings and to confirm their reservations by extrajudicial act or by registered letter with acknowledgment of receipt from the carrier in the three days following receipt of the goods.
6 - Billing
Unless otherwise agreed, an invoice is drawn up for each delivery and issued at the time of delivery.
7 - Independence of clauses
Court, said stipulation will be deemed unwritten and the other stipulations will continue to produce all their effects. The DELALANDE Company and the CUSTOMER will negotiate in good faith to agree on a mutually satisfactory clause, valid and in accordance with the initial intention, replacing the clause declared null or not applicable.
8 - Retention of title
Ownership of the goods sold is reserved to the seller until full payment of the price and accessories, including costs and taxes. The buyer is prohibited from reselling, renting or giving as a guarantee all or part of the products before full payment of the sums due to the DELALANDE Company.
In the event of transformation or integration of products not fully paid for, the property rights of the DELALANDE Company will be transferred to the portion of the price corresponding to the goods resulting from the transformation or integration. In the event that the delivered products are resold or transformed before full payment, any product of the same species and same quality as that delivered during the last twelve months by the DELALANDE Company and being in the possession of the purchaser may be subject to ” a recovery for a value corresponding to the amounts payable. The buyer authorizes in advance the DELALANDE Company to come and collect the products which are the subject of these presents, just as he agrees to bear the costs thereof.
Goods not fully paid for are considered to be the responsibility of the buyer in all respects.
Partial payments that may have occurred will be used to cover damage resulting from non-performance of the contract (disappearance, resale, damage, removal costs, etc.).
All products sold by the DELALANDE Company are subject to this retention of title clause.
9 - Industrial and intellectual property
Studies, plans, technical notices, manuals, or any other documents given to the CUSTOMER remain in all circumstances the entire property of the DELALANDE Company.
The CUSTOMER recognizes the industrial and intellectual property rights of the DELALANDE Company and of the other companies belonging to its GROUP, and undertakes not, directly or indirectly, to infringe such rights in any way.
10 - Reception
Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered to the product ordered or to the packing slip, must be made in writing within eight days of the date. arrival of products.
It will be up to the buyer to provide any justification as to the reality of the defects or anomalies observed. He will have to leave the DELALANDE Company every facility to proceed to the observation of these defects and to remedy them. He will refrain from intervening himself or involving a third party for this purpose.
11 - Returns
Any product return must be the subject of a formal agreement between the after-sales service of the DELALANDE Company and the purchaser. Any product returned without this agreement would be made available to the purchaser and would not give rise to the establishment of a credit note. The costs and risks of the return are always the responsibility of the purchaser.
In the event of an apparent defect or non-conformity of the delivered products, duly noted by the after-sales service of the DELALANDE Company under the conditions provided above, the buyer may obtain the free replacement (provided that the product is still marketed) or reimbursement of the product at the choice of the seller, excluding any compensation or damages. In case of
reimbursement and if the product concerned is the subject of a promotional operation or destocking, the credit will be established at the promotional or destocking price
12 - Language, applicable law, jurisdiction, arbitration
In the event of a dispute relating to the interpretation or execution of their agreements, the parties will seek, before any legal action, an amicable agreement and will provide each other with all the necessary information for this purpose.
The Commercial Court of TOURS will have sole jurisdiction in the event of any dispute of any kind or dispute relating to the formation or execution of the order, unless the DELALANDE Company prefers to refer to any other competent jurisdiction.
This clause applies even in the event of summary proceedings, incidental demand or multiple defendants, or guarantee appeal, and regardless of the mode and terms of payment without the attribution of jurisdiction clauses that may exist on the documents. buyers can prevent the application of this clause.
The interpretation of these General Conditions of Sale and of the sales contracts is governed by French law and therefore, only the French language text of our conditions of sale will prevail in the event of a dispute. .