General conditions of sale - Professional

TERMS OF SALES

Applicable from 02/20/2023

Clause No. 1: Purpose and scope

These general conditions of sale (CGV) constitute the basis of commercial negotiations and are systematically sent or given to each buyer to enable them to place an order.

The general conditions of sale described below detail the rights and obligations of the company GROS GUERIN SAS and its customer in the context of the sale of the following goods: Design and manufacture of sex toys.

Any acceptance of the quote/purchase order including the clause “I acknowledge having read and accept the attached general conditions of sale” implies the buyer’s unreserved acceptance of these general conditions of sale.

Clause No. 2: Price

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.

The company GROS GUERIN SAS grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Clause No. 3: Discounts and rebates

The proposed prices include discounts and rebates that GROS GUERIN SAS would be required to grant taking into account its results or the payment by the buyer of certain services.

Clause No. 4: Discount

No discount will be granted in the event of early payment.

Clause No. 5: Payment terms

Payment for orders is made:

  • either by check;
  • either by bank card;
  • either by transfer

Payments will be made under the following conditions:

  • Cash with order

Clause No. 6: Late payment

In the event of total or partial failure to pay for the goods delivered on the due date, the buyer must pay GROS GUERIN SAS a late payment penalty equal to three times the legal interest rate.

The legal interest rate used is that in force on the day of delivery of the goods.

From 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 amount including tax of the sum remaining due, and runs from the due date of the price without any prior notice being necessary.

In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.

Articles 441-10 and D. 441-5 of the Commercial Code.

Clause no. 7: Termination clause

If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company GROS GUERIN SAS

Clause No. 8: Reservation of title clause

The company GROS GUERIN SAS retains ownership of the goods sold until full payment of the price, in principal and accessories. The intellectual property of the designs is not transferred. As such, if the buyer is subject to receivership or liquidation, the company GROS GUERIN SAS reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.

Clause No. 9: Delivery

Delivery is made:

  • either by direct delivery of the goods to the buyer;
  • either by sending a notice of availability in store to the attention of the buyer;
  • either by depositing the goods at the place indicated by the buyer on the order form.

The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:

  • the award of damages;
  • cancellation of the order.

The risk of transport is borne entirely by the buyer.

In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail addressed to the company.

Clause No. 10: Force majeure

The liability of the company GROS GUERIN SAS cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. . As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the Civil Code.

Clause No. 11: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.

Failing an amicable resolution, the dispute will be brought before the Strasbourg Commercial Court - 45 rue du vite des 13 67008 Strasbourg CEDEX

Done in STRASBOURG, on 02/13/2023