Art.1 — General clause
Our sales are subject to the present general terms and conditions which prevail over any conditions of purchase, unless we expressly waive them.
The prices of the goods sold are those in force on the day the order is placed. 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 placed.
Art. 2 — Discount
No discount will be granted for early payment.
Art. 3 — Confidentiality
The documents delivered or sent by us remain our property, they cannot be communicated to third parties for any reason whatsoever by the buyer.
Art. 4 — Formation of the contract in case of an order received from the buyer
In the event of an order received from the buyer, it shall only be considered as definitively 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 shall be 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 the delivery is delayed for more than three weeks, the present contract shall be automatically terminated if the buyer expressly gives written notice of cancellation, and the buyer 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 also be confirmed in writing within five days of delivery, by registered letter.
Art. 6 — Reservation of ownership clause
In accordance with the law 80.335 of 12 May 1980, we reserve the ownership of the products and goods, objects of the present debits, until the payment of the full price and its accessories. In the event 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 for special conditions defined in the payment conditions)
The amount of the fixed compensation for collection 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 shall be transferred to the buyer upon delivery (Law n°80-335 of 12 May 1980).
In the event of resale to a third party (other than a consumer), the purchaser undertakes to inform the vendor immediately to enable him to exercise his right to claim the price against the third party purchaser.
The authorisation to resell is automatically withdrawn in the event of judicial recovery or judicial liquidation.
The amount shall be determined in accordance with the applicable tariff and shall be payable in the manner indicated.
Art. 7 — Responsibilities
The Seller takes the greatest care to ensure the quality of its Products, which are covered by the legal guarantees of the manufacturers in this respect, the Buyer assuming 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 material, design or manufacturing defect affecting the Products and making them unfit for use.
As a professional, the Buyer acquires the said Products with full knowledge of the facts, being fully 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 must be stored and used. Therefore, apart from manufacturing defects affecting the Products ordered, the Seller shall not be held liable. The Seller shall, in particular, be totally exonerated from any liability related to : - Unsuitability of the Products ordered for the Buyer's needs, - Use by the Buyer of the Products ordered in a context that does not correspond to the characteristics, performance and conditions of use of said Products.
Updated on 06/20/2022