Clause 1: Object
The terms and conditions of sale described below detail the rights and obligations of LITOGAMI SAS and its client in connection with the sale of the following goods: Casagami and Autogami.
Any performance performed by LITOGAMI SAS therefore implies the buyer's full adherence to these terms and conditions of sale.
Clause 2: Price
The prices of the goods sold are those in effect on the day of the order. They are denominated in euros and calculated tax-free. As a result, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
LITOGAMI SAS agrees to change its rates at any time. However, it undertakes to charge for the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The proposed rates include discounts and rebates that LITOGAMI SAS will provide in light of its results or the purchaser's assumption of certain services.
Clause 4: Discount
No discount will be granted in the event of an advance payment.
Clause 5: Payment terms
Orders are settled:
- either by cheque;
- either by credit card;
- either by wire transfer;
- either by PayPal;
- either cash
Clause 6: Delayed payment
In the event of a total or partial default on the goods delivered at maturity, the buyer must pay LITOGAMI SAS a late penalty equal to three times the legal interest rate.
The rate of legal interest chosen is that in effect on the day of the 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 incl. taxes amount of the remaining amount due, and runs from the due date of the price without any prior notice being required.
In addition to the late payments, any sum, including the down payment, not paid on its due date will result in the payment of a lump sum payment of 40 euros due in compensation for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Code of Commerce.
Clause 7: Resolute Clause
If within a fortnight of the implementation of the "Delay of Payment" clause, the buyer has not paid the remaining sums due, the sale will be resolved as of right and may be eligible for the allocation of damages for the benefit of LITOGAMI SAS.
Clause 8: Property reserve clause
LITOGAMI SAS retains ownership of the goods sold until the full payment of the price, principal and accessories and in accord with applicable regulations. As such, if the purchaser is the subject of a remedy or a judicial liquidation, LITOGAMI SAS reserves the right to claim, in the context of the collective proceeding, the goods sold and left unpaid.
Clause 9: Delivery
Delivery is made:
- either by directly handing the goods over to the buyer;
- either by sending a notice of availability in store to the buyer's attention;
- either at the place indicated by the buyer on the purchase order.
The delivery time indicated when registering the order is given only as an indication and is not guaranteed.
As a result, any reasonable delay in the delivery of products will not result in the buyer's benefit to:
- The allocation of damages;
- cancellation of the order.
The risk of transport is borne in full by the buyer.
In the case of missing or deteriorated goods during transport, the buyer will have to formulate all necessary reservations on the purchase order on receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by mail or by email.
Clause 10: Force majeure
The liability of LITOGAMI SAS cannot be implemented if the non-performance or delay in the performance of any of its obligations described in these terms and conditions of sale is the result of a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of Section 1148 of the Civil Code.
Clause 11: Competent Tribunal
Any dispute relating to the interpretation and execution of these terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be referred to the Nanterre Commercial Court (the place of the head office).
Made in Suresnes on JULY 12, 2016
President of Litogami