General terms and conditions of sale
PREAMBLE:
The public limited company "LES DELICES DE L'OLIVIER" with a capital of 373,911 Euros, registered with the Arles Trade and Companies Register under the number 411039373 code APE 153F. The registered office is located at 10 Avenue Roquerousse, 13520 MAUSSANE LES ALPILLES.
These general terms and conditions of sale are brought to the attention of each customer so that they can place an order. Any order placed implies the express and unreserved acceptance by the customer of these general terms and conditions of sale. The contractor acknowledges that he has read them.
Any contrary condition set by the client will therefore, in the absence of express acceptance, be unenforceable against our company regardless of the time at which it may have been brought to his attention.
Any document other than these general terms and conditions of sale, and in particular catalogues, prospectuses, advertisements, notices, is for informational and indicative purposes only, and is not contractual.
Prior to the validation of his product order, the customer must demonstrate his knowledge and acceptance of the general terms and conditions of sale by ticking the box "I have read and accepted the terms and conditions of sale" which appears on our Order Forms.
1/ Articles:
All of our items are made from artisan family recipes. All our care is taken in their manufacture and implementation. The product range is subject to change and adaptation at any time. The photographs, illustrations and texts in our catalogues cannot be contractual.
All referenced goods can be ordered immediately, subject to availability.
2/ Order taking and confirmation:
The customer undertakes to fill in the order form in its entirety, with precision (name, delivery address, method of payment, etc.). In the event of an error, our company cannot be held responsible for the impossibility of delivery to the recipient.
Any change in the routing of the parcel to another recipient and/or to a new delivery address will be at the customer's expense.
3/ Commercial commitment and order registration:
Any commitments made by our agents, vendors or representatives must be confirmed by us. Orders only become final after acceptance by LES DELICES DE L'OLIVIER, which reserves the right to refuse any order that is abnormal.
This acceptance of the order may also result from the shipment of the products. A minimum order is set between the parties.
4/ Shipping and delivery times:
Our goods are sold ex factory. We do not accept any liability as soon as the goods have left our workshop, even if they are shipped free of charge. Deliveries are made at any time of the year.
The delivery times are indicated as an indication, and our company will not accept any claim for penalties or damages in favor of the buyer for delay in delivery, regardless of the causes, importance and consequences.
Our delivery times will be set after final knowledge and acceptance of the pro forma invoice.
5/. Transport:
In the event of collection by the buyer or third parties, the goods travel at the buyer's own risk. In any case, it is the responsibility of the consignee to check the goods upon receipt and to make all necessary reservations with acknowledgement of receipt within 24 hours of receipt.
In the event of an unjustified refusal to deliver all or part of the ordered goods, we reserve the right to charge for the transport and the costs incurred.
6/ Complaint and return of goods:
Complaints must be made within 24 hours of receipt of the goods. We do not accept any returns of goods without prior agreement.
7/. Price - Invoicing:
The invoicing prices applied are those of the rate agreed between the parties on the day the order is placed.
Prices are subject to change without notice in the context of regulations and economic imperatives. The various discounts, deferred services and cooperation agreements that may be granted are only due subject to compliance with the conditions to which they are subject, and full payment of the invoice in which they appear.
The currency used for transactions is the Euro. The amount debited from the account by credit card will be based on the Euro exchange rate on the day of debiting and any exchange fees levied by the bank issuing the card.
8/ Export Terms and Conditions of Sale:
Export prices are ex-works unless previously agreed with the management, and this must be the subject of a written agreement for transport and other conditions of sale.
The preparation of EXPORT orders will be taken into account after receipt of at least 50% of the amount of the proforma invoice and the shipment will be made after receipt of the total payment of the said invoice, by bank transfer or cashed bank check.
9/ Conditions of Sale France:
Prices are ex-works. The full amount of the invoice is due on the due date agreed upon and entered on each invoice and by the means specified therein. Failure to pay, even partial at its maturity, gives rise to the application of financial penalties calculated on the basis of one and a half times the legal interest rate (law of 31-12-92), to which is added a penalty clause of 10% of the amount of the invoice for collection costs.
In the event of late payment, we reserve the right to cancel current orders.
Any order sent to a customer that has never been invoiced by our company will be shipped on a COD basis at the buyer's expense or after payment by bank transfer or cashed cheque unless expressly agreed with the management.
10/ Retention of title:
In accordance with the law of 12 May 1981, the goods delivered will remain the property of LES DELICES DE L'OLIVIER until full payment of the invoiced amounts. LES DELICES DE L'OLIVIER may demand by operation of law, and without formality, the return of all goods normally payable at a later date. Risks of any kind are borne by the buyer as soon as the said goods are shipped.
Any derogation from the above conditions must be the subject of a specific written agreement.
11/ Jurisdiction:
In the event of a dispute or dispute, the Commercial Court of Tarascon will have sole jurisdiction.
12/ Acceptance:
Any contract whatsoever implies the express acceptance of the above conditions, of which the contracting party acknowledges that he is aware. Our conditions therefore take precedence over our customers' purchasing conditions.
13/ Automatic termination clause:
In the event of non-performance of its obligations by our client, this contract shall be terminated ipso jure in favour of us, without prejudice to any damages that may be claimed from it. The resolution will take effect eight days after an unsuccessful formal notice is sent.