General terms of sale
Clause 1: Object
The terms and conditions of sale described below detail the rights and obligations of THE company DELCARMEN DESIGN and its client in connection with the sale of the following goods: tailored clothing (woman, man, child), fashion accessories, home décor and lifestyle.
Any performance by THE company DELCARMEN DESIGN therefore implies the buyer’s full adherence to these terms and conditions of sale.
Clause 2: Price
The prices of the goods sold are those in effect on the day of the order. They are denominated in euros and calculated tax-free. As a result, they will be increased with the inclusion of transportation costs applicable on the day of the order.
DELCARMEN DESIGN agrees to change its rates at any time. However, it undertakes to charge for the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The proposed rates include discounts and rebates that DELCARMEN DESIGN would be required to provide in light of its results or the purchaser’s assumption of certain services.
Clause 4: Discount
No discount will be granted in the event of an advance payment.
Clause 5: Payment terms
Orders are settled:
either by PAYPALsit by cash or by chequeLorf
of the registration of the order, the buyer will have to pay a down payment of 50% of the total amount of the invoice, the balance to be paid upon receipt of the goods.
Clause 6: Delayed payment
In the event of a total or partial default on the goods delivered on the day of receipt, the buyer must pay THE company DELCARMEN DESIGN a late penalty equal to three times the rate of legal interest.
The rate of legal interest chosen is that in effect on the day of the delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the TTC amount of the remaining amount due, and runs from the due date of the price without any prior notice being required.
In addition to the late payments, any sum, including the down payment, not paid on its due date will result in the payment of a lump sum payment of 40 euros due in compensation for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the code of commerce.
Clause 7: Resolute Clause
If within a fortnight of the implementation of the “Delay of Payment” clause, the buyer has not paid the remaining sums due, the sale will be resolved as of right and may be eligible for the award of damages for the benefit of the company DELCARMEN DESIGN .
Clause 8: Property reserve clause
THE company DELCARMEN DESIGN retains ownership of the goods sold until the full payment of the price, principal and accessories. As such, if the purchaser is the subject of a remedy or a judicial liquidation, DELCARMEN DESIGN reserves the right to claim, in the context of the collective proceeding, the goods sold and left unpaid.
Clause 9: Delivery
Delivery is made:
either by directly handing over the goods to the buyer; or by sending a notice of availability in store to the buyer;or at the place indicated by the buyer on the purchase order.
The delivery time indicated when registering the order is given only as an indication and is not guaranteed.
As a result, any reasonable delay in the delivery of products will not result in the buyer’s benefit to:
the allocation of damages; the cancellation of the order.The risk of transport is borne in full by the buyer.
In the case of missing or deteriorated goods during transport, the buyer will have to formulate all necessary reservations on the purchase order on receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by AR recommended mail.
Clause 10: Force majeure
The liability of DELCARMEN DESIGN cannot be implemented if the non-performance or delay in the performance of any of its obligations described in these terms and conditions of sale is the result of a case of force majeure. As such, force majeure means any external, unpredictable and irresistible event within the meaning of Section 1148 of the Civil Code.
Clause 11: Competent Tribunal
Any dispute relating to the interpretation and execution of these terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Bordeaux Commercial Court.
Made in Bordeaux, 04/10/2020