GENERAL SALES CONDITIONS
- CONTRACT
The sale is concluded from reception of the order. The present terms can not be modified by opposite conditions appearing on another document, without a written agreement by company SinDesign SAS.
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COMPETENT COURT
Only will be competent - in case of dispute of all kinds or of contesting relative to the formation or to the execution of the order - the county court of STRASBOURG ruling in commercial subject, unless company SinDesign SAS seizes any other competent jurisdiction. This clause applies even in case of emergency proceeding, of incidental request or of defendants' plurality, and whatever the mode and the terms of payment.
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AIM OF THE SALE
Any sale concerns only products made and/or marketed by Company SinDesign SAS.
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DELIVERY - DELAY
The deliveries are operated according to the availability and in the order of arrival of the orders.
Company SinDesign SAS is authorized to proceed to deliveries in a global or partial way. The delivery lead time are given for information purposes, and are subject to forwarder's lead time for delivery.
Company SinDesign SAS cannot be taken responsible for events likened to the force majeure by the parts, worth knowing fire, floods, political unrest, strike, acts of public authorities, breakdowns of material, state of the communication routes.
In any event, the delivery can intervene only if the buyer is up to date of his obligations to the company SinDesign SAS, whatever is the cause. Buyer can not proceed to one or other one of the unfair practices aimed by articles 32 - 37 of the Prescription of modified 1986, in particular failure to respect the payment times or the resale at a los.
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TRANSPORT
The goods are ready for delivery from SinDesign SAS warehouse, except opposite particular conditions.
They travel at the risks of the addressee. In case of missing or of damage, during the transport, it is up to the addressee to formulate reserves with the carrier, within 48 hours.
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TRANSFER OF RISK
According to the article 1138 of the Civil Code, the risks are chargeable to the buyer as soon as the sale became effective. This principle could not undergo of dispensations by the fact of the shipping being organised by the seller, this one acting as a simple representative of the buyer. The buyer becomes the owner of the goods only after having completed payment of the goods, increased by the possible expenses of penalties in case of failure. However, the buyer remains responsible for harmful consequences affecting the goods (in particular loss, deterioration, during their transport or after their delivery), as well as risks relative to it.
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PRICE AND PAYMENT
Our prices correspond to the current price list in the day of the sale, and are EXW from company SinDesign SAS.
The buyer declares to have had knowledge of price lists and terms of sale of the company SinDesign SAS.
Except particular conditions, our invoices are payable at date of invoice.
Any restraint of discount involves the reinstatement of the tax relative to it. In case of deferred or pre-payment, constitute a payment obligation (in the direction of the present article) not the simple delivery of a bill involving an obligation to pay, but their regulation and effectiveness at due terms fixed. The nonpayment from buyer at due terms granted by the seller, will make the balance of the price becoming immediately due. Besides, and according to the law of 31/12/1992, the buyer will be indebted in case of actual payment beyond deadline such as fixed above, of a penalty of an amount equivalent to an equal rate for one and a half time the legal interest rate, unless no preliminary formal demand is necessary.
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RESERVE OF PROPERTY
By express agreement intervened at the latest at the time of the delivery, it can be planned that the transfer to the buyer of the property of the goods will be suspended up to the complete payment of the price, according to the law of May 12th, 1980. However, the risks are put chargeable to the buyer from the delivery of the goods sold subject to property. He will have to insure his expenses, risks and dangers, the preservation, the maintenance and the use. He will be responsible for damage caused by the goods from the delivery.
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GUARANTEES
- Manufacturing : all our productions are guaranteed against any manufacturing defects.
- Anomalies : any anomalies, other than transport disputes, must be indicated to the company SinDesign SAS, by writing, in 3 working days following the reception of the goods.
- Consequences : in accordance with these guarantees, the only obligation from company SinDesign SAS will be the free replacement of the goods, or the establishment of credit note (in its choice), with the exception of any compensation, allowance or damages.
- Modalities : it will be up to the buyer to supply any justification as for the reality of the defects or the anomalies noticed. He will have to leave to company SinDesign SAS any ease to proceed to the observation of the defects in order to remedy for it.
- Return : any return of goods has to be the object of a formal and written agreement between company SinDesign SAS and the buyer. Any goods returned without this agreement would be refused by company SinDesign SAS. No return will be accepted after a deadline of 14 days according to delivery date. Return of product which would have been used is not accepted, nor product which would have been taken out of its original seal pack. In any case product must be retuned and packed as it was at origin.
Expenses and risks for return are always chargeable to the buyer. In Europe : shipping costs included in the sale price of the goods (as well as the expenses of packaging, handling and administartion) will not be paid back to the buyer and will be retained by the company SinDesign SAS (according to our current price lists : € 30 by product). Outside of Europe : company SinDesign SAS charges only a light fixed shipping cost to its buyers, company SinDesign SAS is taking at its expense the major part of the real shipping costs. The fixed shipping cost charged to the buyer per package, (as well as the expenses of packaging, handling and administartion) will not be paid back to the buyer and will be retained by the company SinDesign SAS (according to our current price lists : € 30 by product). The buyer declares to have had knowledge of the modalities of return and to have accepted the conditions.
