Terms of sale
1. Definitions
These general conditions apply to any order, quote, and invoice concerning all goods, items, services, and performances described on the front of the order form and to all sales or services carried out by Deyrolle SAS.
2. Generalities
DEYROLLE is committed by orders written on its letterhead bearing its general conditions and signed by it or by an authorized person. Acceptance of an order by DEYROLLE implies acceptance of these conditions to the exclusion of all others.
3. Prices
The prices of goods sold are those in effect on the day of the order. They are expressed in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate, transport costs, and various fees (insurance and packaging) applicable on the day of delivery.
4. Delivery (deadlines-reservations)
Delivery is made either by direct handover of the goods to the customer or at the place indicated by the customer on the order form. The delivery time indicated is given for information only and is not 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 case of force majeure) cannot give rise to the allocation of damages or the cancellation of the order for the benefit of the customer. The goods travel at the customer's risk, who must check their condition at the time of delivery.
5. Payments/ Deposits
Payments are made at the latest upon receipt of the invoice, unless otherwise agreed in writing by DEYROLLE. No discount will be granted in case 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 effect on the day of delivery of the goods. This penalty is calculated on the amount excluding taxes of the remaining sum due and runs from the due date of the price without any prior formal notice being necessary. The amounts paid as a reservation constitute deposits. 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 goods and the freedom to sell them to a third party.
6. Retention of ownership-Transfer 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 resulting in the transfer of risks. DEYROLLE reserves the right to request storage fees in the case of non-immediate removal and declines all responsibility for any damage if the goods are not immediately taken away by the customer.
7. Termination
In the event of non-payment on the agreed due dates, DEYROLLE may proceed with the termination of the sale after a formal notice that has remained unsuccessful for more than 15 days. In this case, all deposits paid will remain acquired by DEYROLLE without prejudice to any additional damages.
8. Force majeure
DEYROLLE's liability cannot be engaged 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 the author's proprietary rights, which remain the full property of DEYROLLE and/or the authors. Any transfer of copyright and exploitation rights (reproduction right, representation right, adaptation right, and translation right) must be the subject of a specific agreement.
10. Dispute
The parties will endeavor to settle any dispute amicably. If they do not succeed, it is expressly agreed that French law is applicable and the Courts within the jurisdiction of the Court of Appeal of PARIS will have sole jurisdiction.