Terms of Sales

 

1. Definitions

These general terms and conditions apply to all orders, quotes and invoices concerning all goods, items, services and benefits described on the front of the order form and to all sales or services carried out by Deyrolle SA.

2. Generalities

DEYROLLE is bound by orders drawn up on its letterhead bearing its general conditions and bearing its signature or that of an authorized person. The acceptance of an order by DEYROLLE implies the acceptance of these conditions to the exclusion of all others.

3. Price

The prices of the goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate, transport costs and various costs (insurance and packaging) applicable on the day of delivery.

4. Delivery (deadlines-reservations)

Delivery is made either by direct delivery of the goods to the customer, or at the place indicated by the customer on the order form. The indicated delivery time is given only as an indication and is in no way guaranteed. An exchange or return is possible upon presentation of the receipt within 30 days. Any reasonable delay in the delivery of goods (or in the event of force majeure) may not give rise to the allocation of damages or the cancellation of the order to the customer. The goods travel at the risk of the customer, who is responsible for checking their good condition at the time of delivery.

5. Payments/Down payments

Payments are made at most upon receipt of the invoice, unless otherwise agreed in writing by DEYROLLE. No discount will be granted in the event of early payment. Any total or partial delay in payment compared to the agreed due date will result in the payment of late interest calculated on the basis of a rate equal to one and a half times the legal interest rate in force on the day of delivery of the goods. This penalty is calculated on the amount excluding taxes of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary. The sums paid as a reservation constitute down payments. In the absence of purchase within 45 days following their payment, and unless otherwise agreed in writing between the parties, they remain acquired by DEYROLLE, which retains full ownership of the property and the freedom to sell it to a third party.

6. Retention of title - Handover and transfer of risks

DEYROLLE expressly reserves ownership of the goods until full payment of the price in principal and interest, it being specified that payment means the effective collection of the total price. The customer then becomes responsible for the goods, the transfer of possession entailing that of the risks. DEYROLLE reserves the right to charge storage fees in the event of non-immediate removal and declines all responsibility for any damage if the goods are not taken away immediately by the customer.

7. Termination

In the absence of payment on the agreed due dates, DEYROLLE may terminate the sale after a formal notice has remained unsuccessful for more than 15 days. In this case, all down payments made will remain acquired by DEYROLLE without prejudice to any additional damages.

8. Force majeure

DEYROLLE's liability cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure.
In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

9. Intellectual Property

Unless otherwise agreed, the execution of the order does not imply the transfer of proprietary author's rights, which remain the sole property of DEYROLLE and/or the authors. Any transfer of author's rights and exploitation rights (right of reproduction, right of representation, right of adaptation and right of translation) must be subject to a specific agreement.

10. Dispute

The parties will endeavor to settle any dispute amicably. In the event that they fail to do so, it is expressly agreed that French law is applicable and the Courts within the jurisdiction of the PARIS Court of Appeal will have sole jurisdiction.