Terms and conditions – ARTCLASS® SARL ProdeCLass
1 – Orders
- Every order placed assumes full acceptation of our terms and conditions. Any conflicting terms written in the buyers own general terms or order forms shall be replaced by the present terms.
- Orders sent must be approved by our teams. If the order needs to be refused, this shall be carried out in a timeframe of up to 30 days following the date of receipt of the order.
- Orders which have been accepted cannot be cancelled, even partially, without our written consent.
- For made to mesure orders , no order change can be accepted.
- Information given in our cataogues, instructionmanuals and other documents are indicative and cannot comprise us.
2 – Prices
- Prices indicated on the website (from …) are estimated for an order of 500 items and above.
- The price per item is the price indicated in our estimate and valid for 6 weeks following the date of the estimate.
- The prices per quantity are calculated as follows: 1 to 19 – 20 to 49 – 50 to 149 – 150 to 299 – 300 to 499 – 500 and above.
- This price is excluding VAT, packaged and sent from our manufacturing plant La Boutouchère (49410 SAINT FLORENT LE VIEIL), except for particular conditions. Packaging is chosen by ourselves and cannot be taken away.
3 – Payment terms
- Any first order is payable upon receipt with an invoice.
- For subsequent orders, an advance payment of 30% of the total price excluding VAT is payable. The balance is to be paid at 30 days, unless a specific understanding is agreed between parties.
- Local government mandates are accepted.
- Should the order be cancelled without our approval by writing, the advance payment will be retained without prejudice to the remaining payment which corresponds to the part of the order which has been carried out.
- In the case of partial delivery, the non delivery or the deferred balance payment cannot hold back the payment of the part of the order which has been delivered.
- Likewise in the case of a dispute or a difference in price or deadline, this can only be resolved by a credit note or partial payment in agreement between both accounts services and in no case by non payment at the date due.
- Duplicate invoices must be requested within a timeframe of 1 month following the date of invoice.
- Generally speaking, the non payment of a due invoice in the legal timeframe may force the manufacturer to suspend the order or all ongoing orders.
- In the case of non payment or partial payment. Late payment interests will be automatically billed, as of the date that the invoice is due, until payment is carried out on the basis of 3 times the interest rate plus a sum of 15 euros administration fees.
- The no payment of due invoices means that we implement our debt collection procedure.
- In the case of debt collection by an external party, all costs of the collection will be paid for by the buyer.
4 – Delivery
- Delivery expectations are not contractual, except in the case of a specific agreement between both parties. They are given as an indication and the non observation of delivery times cannot cause reason for panalties, or the cancellation of the order.
- The offloading of the products is the responsability of the driver.
- The offloading of the merchandise shall be supervised by the buyer and under their responsability.
- Once the merchanise has arrived in the premises of the buyer, it becomes their responsibility. However, if the buyer also has responsibility for the transport, the responsability is transfered from the moment the merchanise is loaded.
- The buyer agrees to receive the products during opening hours and at the address communicated. If delivery is not possible, all subsequent charges will be the responsibility of the buyer.
- In the case of force majeure, war, strikes, epidemies, fire, flood, machinery accidents, or other incident which causes the factory to stop operating, the manufacturing process is suspended.
Responsibility for the merchandise :
- SARL PRODE CLASS is responsable for the merchandise until it leaves the workshop and a detailled delivery slip will be supplied. SARL PRODE CLASS cannot be held responsable for the theft or damange of products during the transport stage and when the products are received by the buyer. SARL PRODE CLASS commits to giving all the information necessary to insurance merchandise during delivery.
- Upon receipt of the merchandise and within a timeframe of 8 days, the buyer should send a signed delivery slip back to SARL PRODE CLASS to validate the conformity of the delivery. If the delivery slip has not been returned after 8 days, the reception will be considered to be in tact.
- No complaint for non conformity may be filed after the deadline of 8 days.
- Furthermore, in the case of partial or full loss, the buyer must contact the transport company within three days, sending a recommended letter requiring acknowledgement of receipt according to the article L.133-3 du Code de Commerce.
5 – Guarantee
- All products have a legal guarantee starting from the day of receipt: 2 years (parts and labour, excluding transport)
- All complaints must include details about how the item is used, the date of purchase and detail of the defective part. .
- The responsability is limited to products provided by SARL PRODE CLASS and cannot be applied to material, immaterial damage, injuries or loss of revenue from defective products.
- Conditions of the conventional guarantee :
– Products sold are guaranteed against problems due to a default in production, conception or quality of materials according to the conditions below:
– The guarantee is excluded if the product is used for a purpose other than the purpose intended, if the product has been neglected or damaged by the client or not kept in good condition, or if the default is due to force majeure.
- Implementation of the guarantee :
– The seller will replace the parts or repair the parts which are faulty. Once replaced this does not then prolong the guarantee of the product. The buyer cannot then claim a second repair against the guarantee.
- Limitations of responsability :
– According to the convention between parties and in accordance with French laws n°98-389 du 19/05/98, the responsability of the seller in the case of malfunction is limited to the previous conditions. Any delay, delivery error or technical advise cannot be used as liability through loss of revenue.
6 – Goods recovery
- Goods recovery is not allowed unless with written approval. The client bears the cost of the return and may only be carried out if the merchandise is in perfect condition as new and in original packaging.
- Goods returns are then credit noted.
- Customised items (branding etc) cannot be returned
7 – Intellectual property
- Photos and technical documents remain the exclusive property of SARL PRODE CLASS. They can only be used by the buyer within the boundary of the present contract. Any reproduction for a third party is forbidden.
- SARL PRODE CLASS may change the technical characteristics of products and images.
- SARL PRODE CLASS may use photos of the products produced, unless with the written refusal by the client.
8 – Reservation of ownership
- We have the exclusive property of products until they have been completely paid for, given that payment means a cheque has been paid in or a transfer received.
- Notwithstanding the present clause, the products sold are at the risk of the buyer as soon as they have left our stores. Nonobstant la présente clause, les biens vendus seront aux risques de l’acheteur dès la sortie de nos magasins.
- The buyer confirms knowledge of the following articles: 121 et 122 of Law n°85-98 of 25January 1985 and article 2367 of the French code civil.
9 – Revision of the contract
- If the seller is informed of a major economic or financial change in the state of the buyer, conditions may be revised including payment terms of the contract.
- We may at any time ask for payment guarantees.
10 – Contract resolution
- The sale shall be concluded with a formal notification sent to the buyer and if unresolved within 15 days, all obligations of timeframes in the present contract and the general sales terms will be null and void.
11 – Place of juridiction
- The tribunal of commerce of Angers shall be the reference in the case of dispute.