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| GENERAL TERMS AND CONDITIONS OF SALE |
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| These general terms and conditions of sale (hereinafter referred to as the "Conditions") apply between France-Sport SA (hereinafter "We") and any professional (hereinafter "You") making a purchase on the website http://www.france-sport.fr (hereinafter the "Site"), an online service for purchasing sports rewards (hereinafter the "Products").
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| 1. ACCEPTANCE OF THE TERMS |
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You acknowledge that you have read and accepted these Conditions as stated in our tariff before placing your order.
For orders placed on our website, checking the box labeled "I accept the general terms and conditions of sale" signifies that you unreservedly accept these Conditions and the attached privacy policy.
No specific condition or oral or written purchasing condition, appearing on any medium whatsoever, can, unless our prior formal and written acceptance, prevail over these General Terms and Conditions of Sale (GTC). The fact of not invoking any one of the provisions of these GTC at any given time cannot be interpreted as waiving the right to invoke any of these provisions at a later time. |
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| 2. PRODUCTS |
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The photographs illustrating the products are not part of the contractual agreement. In no event shall our liability be incurred for any errors that may have occurred. The height of the cuts indicated in the catalog may vary by plus or minus one centimeter. Models from the catalog may be discontinued or modified without prior notice from us. Our products are offered subject to availability.
We guarantee hidden defects in the merchandise sold in accordance with articles 1641 and following of the Civil Code. This warranty is limited to the replacement or repair of the defective product. We are not responsible for bodily injury, material, or other direct or indirect damages suffered by the buyer or their customer, and we shall only be liable for replacing the defective product, without any compensation or other indemnification.
For markings, we disclaim all responsibility once a Proof Approval has been signed, and any uncorrected errors shall not entitle any compensation or refund. These provisions also apply to errors resulting from our misinterpretation of manually written text.
Errors on our part may only lead to a refund of the marking, but under no circumstances to compensation or other damages.
Unless otherwise notified in writing by you, we reserve the right to feature photographs of customized trophies, cups, and medals in our catalog and on our website as examples of our work. |
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| 3. ORDERS |
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Orders placed by phone, fax, email, mail, or through our website http://www.france-sport.fr will only be considered concluded upon confirmation of the order from our side (sent via email or fax). We reserve the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order or if the customer poses a financial risk. For initial orders received without payment, the merchandise will be sent cash on delivery.
The information provided by the buyer during the ordering process binds the buyer: in case of error in the recipient's address details, the seller cannot be held responsible for any inability to deliver the product.
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| 4. DELIVERY |
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-Delivery Times
Delivery times are provided as accurately as possible but are subject to supply availability. Failure to meet agreed delivery times for our shipments does not entitle either party to compensation or cancellation. However, if within 15 days after the indicative delivery date, the product has not been delivered for any reason other than force majeure, the sale may be terminated at the request of either party by registered letter with acknowledgment of receipt.
Events considered as force majeure, relieving us of our obligation to deliver, include war, riot, customs detention exceeding 7 days, fire, strikes, accidents, and inability to be supplied.
We will keep the client informed in a timely manner of force majeure cases and events.
-Terms of delivery
We are authorized to proceed with global or partial deliveries. Due to availability reasons, an order may be delivered to you in multiple shipments, with only one delivery charge.
If you require delivery to 2 locations, you must place 2 separate orders, each incurring its own delivery charges.
For all orders shipped by us to your clients (individuals, clubs, associations, etc.), an additional fee of €6 excluding tax will be invoiced to you.
For orders requiring Saturday morning delivery at your request, an additional fee of €8 excluding tax will be invoiced to you.
For orders requiring express delivery at your request, express delivery rates will apply.
-Transfer of risk
Even with our goods delivered carriage-paid, they travel at the recipient's risk. In case of damage during transport, customary reservations must be made with the carrier by registered letter with acknowledgment of receipt within 48 hours of receiving the products.
Delivery is considered completed upon the products being handed over to the customer by the carrier. The delivery note provided by the carrier, dated and signed by the customer upon receiving their products, will serve as evidence of transportation and delivery.
-Receiving products
During delivery, it is imperative that packages labeled "fragile" be opened in the presence of the driver. Attention! The mentions "under reserve" or "subject to unpacking" have no value with regard to the carrier and insurance. You must unpack in the presence of the driver. If the driver refuses to wait for your checks, indicate on the transport receipt "under reserve, the driver refusing to wait for package verification." If the driver witnesses the unpacking, then note the quantities and references of missing or damaged items. You must then submit your claims to the carrier by registered letter with acknowledgment of receipt within 48 hours and send us a copy.
-Minor damage
In order to promptly address issues with products that arrive damaged and in cases where the claim is not noted in the presence of the delivery person and recorded on the delivery note, please be aware that we can arrange for the exchange of broken or damaged spare parts, but with the shipping costs at your expense. Please note that this offer only applies to minor damages amounting to less than €10 excluding tax.
-Claims
Claims do not hinder payment. The buyer agrees not to use a claim against us as a reason to defer all or part of their payment.
Claims regarding apparent defects or non-conformity of the delivered product with the ordered product must be submitted to us by registered letter with acknowledgment of receipt within 72 hours of receiving the products. In the absence of any reservation, the product is deemed accepted by the Customer and cannot be disputed regarding its delivery.
It will be the Customer's responsibility to provide any evidence regarding the reality of the defects or anomalies observed. The Customer must provide the Company with all necessary assistance to ascertain these defects and remedy them.
Product returns require our prior written agreement. Upon approval, returns are permitted within a maximum of 7 days from the date of product delivery. The product must be packaged as it was upon delivery. Any returned product that is unpackaged or damaged will incur fees borne by the customer. Returns with postage due will not be accepted.
In the event of apparent defects or non-conformity of delivered products, duly observed by the Company under the conditions provided above, the Customer may receive free replacement of the products or a credit note for returning the products, at the Company's discretion, excluding any compensation or damages.
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| 5. PRICE-INVOICING |
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Our prices are exclusive of taxes, ex-warehouse, goods unpackaged, and excluding delivery.
Prices are determined by our Company and stated on the acknowledgment of receipt of your order. We reserve the right to modify our prices according to the rates in effect on the date of delivery. Prices listed on our website http://www.france-sport.fr are provided for informational purposes only. Due to the complexity involved in calculating certain of our items (composite articles, engraved articles, etc.), we are unable to display exact prices on our website.
-Shipping Costs
Shipping fees are always the responsibility of the customer.
The amounts of shipping costs are calculated according to the table below:
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-Invoices
Due to the client's usual order volume, an invoice may be issued either for each delivery or on a bi-weekly or monthly basis in the form of a statement summarizing all deliveries during the specified period.
-Discounts
A discount scale based on your turnover can be provided upon request.
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| 6. TERMS OF PAYMENT |
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All our invoices are payable in Aix-en-Provence within a 30-day period, unless the client presents a financial risk, in which case cash payment will be required.
For new clients, cash payment without discount will be required for the first 3 orders.
For payments within 10 days: 1% discount.
Bills of exchange are not an exception to the place of payment.
In case of non-compliance with the deadline, besides any other recourse which we reserve the right to take, the debt will be increased by interest per day of delay at the rate of 1.5% per month, as well as collection fees if applicable.
The buyer agrees not to use a claim against us as a reason to defer all or part of their payment. By express agreement, and unless a postponement, requested in time, and granted by us, failure to pay our invoices by the due date results in:
- Immediate demand for payment of all outstanding amounts, regardless of the intended mode of payment (whether by accepted or non-accepted bill), as well as suspension of ongoing deliveries.
- Demand for payment, as damages and penalty clause, of compensation equal to 15% of the amounts due plus late payment interest equal to 1.5 times the prevailing statutory interest rate applicable to the total invoice amount, as well as "possible legal expenses". |
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| 7. RESERVE OF PROPERTY |
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The seller reserves ownership of the goods delivered until full payment of the price, in accordance with the provisions of the law of May 12, 1980. In this regard, payments under this provision do not include the issuance of bills of exchange or any other instrument creating an obligation to pay.
The buyer undertakes personally to the seller not to dispose of the purchased goods in any way, neither in full ownership nor by creating pledges, before full payment of the price.
In the event of the buyer's opposition to the return of unpaid goods, a simple interim order shall constitute rescission of the sale and authorization to reclaim the goods. Any deposits made will remain acquired as damages.
Despite the retention of title clause, the purchaser shall bear all risks of transportation as well as those that may arise from taking possession of the goods. Consequently, they must insure the goods and bear the associated costs.
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| 8. DISPUTES |
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Complaints or disputes will always be received with attentive benevolence, with good faith presumed from those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact France-Sport SA. to seek an amicable solution. Failing that, the Commercial Court of Aix-en-Provence shall have sole jurisdiction, regardless of the place of delivery and the accepted mode of payment.
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