GENERAL CONDITIONS OF SALE -
Art.1 - General clause
Our sales are subject to the present general terms and conditions which prevail over any purchase terms and conditions, unless we expressly waive them.
The prices of the goods sold are those in force on the day the order is taken. The transport costs applicable on the day of the order.
Oléogie reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Art. 2 - Discount
No discount will be granted in case of advance payment.
Art. 3 - Confidentiality
The documents delivered or sent by us remain our property, they can not be communicated to third parties for any reason whatsoever by the buyer.
Art. 4 - Formation of the contract in case of order received from the buyer
In the event of an order received from the purchaser, it shall only be deemed to have been finally accepted by us after our written acceptance. This acceptance constitutes in this case the special conditions.
Art. 5 - Delivery, Postage, Transport.
Unless otherwise notified, delivery is made from our factory or warehouse. If this delivery is delayed for a reason beyond our control, it shall be deemed to have been made on the agreed date.
Unless otherwise agreed, the buyer shall bear the costs and risks of the goods sold after delivery.
If delivery is delayed for more than three weeks, the contract shall be automatically terminated if the purchaser expressly gives written notice of cancellation, and the purchaser shall not be entitled to claim damages.
The transport risk is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the purchaser must formulate all necessary reservations 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.
Art. 6 - Reservation of title clause:
In accordance with the law 80.335 of May 12, 1980, we reserve the property of the products and goods, objects of the present debits, until the payment of the entirety of the price and its accessories. In case of total or partial non-payment of the due date for any reason whatsoever, by express agreement, we reserve the right, without formalities, to take physical possession of these products or goods at your expense, risk and peril.
Late payment penalty: 3 times the legal interest rate after the due date. Discount for early payment : 0% (except special condition defined in the payment conditions)
The amount of the fixed indemnity for recovery costs provided for in the twelfth paragraph of article L441-6 is fixed at 40 Euros in commercial matters. The risks relating to the said goods will be transferred to the buyer upon delivery (Law n°80-335 of May 12, 1980).
In case of resale to a third party (other than a consumer), the buyer agrees to immediately notify the seller to allow him to exercise his right to claim the price from the third party purchaser.
The authorization of resale is automatically withdrawn in the event of legal redress or liquidation.
The amount is established according to the tariff in force and will be payable according to the terms indicated.
Art. 7 - Responsibilities
The Seller takes the utmost care to ensure the quality of its Products, which are covered by the manufacturers' legal warranties on the subject, the Buyer assuming for his part all risks and responsibilities resulting from the resale, use or implementation of the Products, alone or combined with others. The present warranty is therefore granted under the express condition that the Buyer or the sub-purchasers of the Products use the Products with care and in accordance with their intended purpose. The Products benefit, in accordance with the legal provisions: from the legal guarantee of conformity, and from the legal guarantee against hidden defects resulting from a defect of material, design or manufacture affecting the Products and making them unfit for use.
In his capacity as a professional, the Buyer acquires the said Products with full knowledge of the facts, being perfectly informed of the characteristics, effects, reactions, and developments of the products acquired from the Seller. The Buyer's information is, moreover, specified by the technical documents made available to him by the Seller and describing the characteristics and performance of the Products and their conditions of packaging, conservation and use.
The Buyer is, therefore, exclusively responsible for the choice, use and suitability of the Products ordered for the Buyer's needs and, in particular, for the conditions in which said Products are to be stored and used. As a result, apart from manufacturing defects affecting the Products ordered, the Seller shall not be liable. The Seller will be, in particular, totally exonerated from any responsibility related to :
- An inadequacy of the products objects of the order to the needs of the Purchaser, - A use by the Purchaser of the Products objects of the order in a context not corresponding to the characteristics, performances and conditions of use of the aforementioned Products.