The general terms and conditions of sale described below detail the rights and obligations between the company RECYC LEATHER, located at 122 rue Amelot 75011 Paris, with a share capital of €100, registered in the Paris Trade and Companies Register under the number 948 686 811, (hereinafter referred to as « RECYC LEATHER »), represented by Mr. Olivier Grammont, in his capacity as manager, duly authorized for the purposes of the present contract.
Hereinafter the "Seller". On the one hand,
And the natural or legal person purchasing the company's products, Hereinafter, "the Client" On the other hand, it has been explained and agreed as follows
2.1. The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated without taxes. The taxes to be paid by the Customer under current legislation will be passed on to him, as well as any transport costs (see point 2.5.).
2.2. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Customer and are the Customer's responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Customer to inquire about these aspects with the corresponding local authorities.
2.3. The Seller reserves the right to modify its prices at any time. However, RECYC LEATHER undertakes to invoice the goods ordered at the prices indicated when the order is placed.
2.4. Unless otherwise agreed upon in a quotation, the items are invoiced on the basis of the prices in effect at the time of the order. The prices communicated are the prices excluding taxes. Any taxes that are payable by the Customer under current legislation will be passed on to the Customer.
2.5. For deliveries in Europe (EU), shipping costs will not be charged for any order, excluding taxes. . For deliveries outside metropolitan France within the European Union, shipping costs will not be charged for any order . For deliveries outside Europe , the Seller will establish an estimate of shipping costs by a carrier which will be paid by the Customer, at a fix rate of 15€ for any countries.
4.1. Orders are firm and final for the Customer. Any order will be validated only after acceptance of the payment.
4.3. Any order that is not expressly rejected by the Seller within fifteen days of receipt shall be deemed accepted. By exception, acceptance may also result in the shipment of the goods. In the absence of a purchase order signed by the Customer or written confirmation, the delivery note shall be deemed to be the letter or purchase order and shall constitute the written sales contract between the Seller and the Customer.
4.4. The Seller reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order, or of total or partial non- payment of a previous order.
4.5. Any modification or cancellation of an order by the Customer must be notified to the Seller in writing. Such a request can only be considered if it is received by Seller in writing no later than eight days after receipt of the order confirmation. In the event of a verbal request or a request received outside the aforementioned period, the order in question shall normally be delivered and invoiced to the Customer, who shall be required to pay for it. Any order cancelled in writing within the contractual time limit shall give rise to the payment by the Customer to the Vendor of compensation for the damage suffered, of an indemnity fixed at 15% of the amount of the cancelled order including VAT.
5.1. Unless otherwise expressly agreed in writing, delivery to the Customer shall be deemed to have been made when the goods are handed over to the first carrier. The acceptance of the goods shall be the sole responsibility of the Customer.
5.2. The delivery is made :
- or by the direct delivery of the goods to the customer;
- or by sending a notice of availability to the warehouse to the attention of the Customer;
- or at the place indicated by the Customer on the order form.
The delivery time indicated during the registration of the order is given only as an indication and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the profit of the Customer to :
- the awarding of damages;
- cancellation of the order.
5.3. The RECYC LEATHER company bears the transport costs in certain specific cases as explained in point 2.5. to the place indicated at the time of the order for any order of an amount equal to or greater than 700€ excluding taxes in metropolitan France.
5.4. The risk of loss or damage to the goods, as well as the risk of additional costs arising from events occurring after delivery, is transferred from RECYC LEATHER to the customer upon handover to the first carrier. In the event of damage or shortage, the Customer must make all necessary claims and confirm his reservations by extrajudicial document or by registered letter with acknowledgement of receipt to the carrier within two days of receiving the goods.
To be admissible, any dispute in case of damage or missing items must be the subject of reservations by the Customer on the carrier's delivery slip, indicating the nature of the damage noted, the number of missing items, and the reference of the products concerned.
6.1. Payment shall be made within 30 days net from the date of invoice. The invoice is established at the latest on the day of delivery. The company OTH will however have the faculty to require a cash payment with the delivery in the following cases:
- New customer
- Delays or other incidents of payment previously noted
- Actual and demonstrable risk of non-payment or insolvency of the Customer
6.2. The invoiced price is in Euros; payment must be made in Euros. If this is not the case, the amount invoiced will be determined by applying the exchange rate set by RECYC LEATHER.
6.3. Any customer will be the object of an opening of account and will address to the company RECYC LEATHER a number of intracommunity VAT, as well as its banking co-ordinates.
6.4. In the event of late payment, OTH may suspend all orders in progress and claim a late payment penalty equal to three times the legal interest rate. The legal interest rate is that in force on the day of delivery of the goods. This penalty is calculated on the amount including all taxes of the sum still due, and runs from the due date of the price without any prior formal notice being necessary. In addition to the late payment penalties, any sum not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 Euros due for collection costs.
- MAJEURE FORCE
The responsibility of the RECYC LEATHER company cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
- INTELLECTUAL PROPERTY
Any use of the RECYC LEATHER brand must be subject to prior written agreement. All technical documents provided to the Customer remain the exclusive property of RECYC LEATHER; they may not be disclosed to third parties. RECYC LEATHER shall not be held responsible for any unauthorized use or disclosure, and the Customer shall assume all consequences, including financial.
- COMPETENT COURT
Any dispute relating to the interpretation and execution of these general terms of sale is subject to French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Paris.