The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential Purchaser of the terms and conditions under which the company sells and delivers the products ordered.
Offers are only valid within the option period and unless otherwise specified, this period is 1 month.
The acceptance of orders is, in all cases, linked to the solvency and regularity of the Buyer’s payments, the strict application of our conditions of sale, and, unless exempted by us, to the payment of a 30% deposit which will remain with us in the event of termination by the Purchaser.
It is only after acceptance of the Buyer’s order that both parties are bound by the sales contract. The fact of placing an order implies the Buyer’s full and unreserved acceptance of these general terms and conditions of sale to the exclusion of any other document such as brochures, catalogues, issued by RIVELEC and which have no indicative value. No special conditions may, except formal and written acceptance by the seller, prevail over these general terms and conditions of sale. Any contrary condition imposed by the Purchaser shall therefore, in the absence of express acceptance, be unenforceable to the seller regardless of when it may have been brought to his attention.
A Bank Identity Statement, accompanied by a letter from your institution containing your contact details (address, telephone, fax, etc.) and your intra-Community VAT number and
your SIRET number are required to open a company account.
The customer account opening form will be returned to us signed with the company stamp by the Purchaser for validation within a maximum period of 7 days..
Orders can be sent to us by mail, fax or e-mail directly to our Sales Department: firstname.lastname@example.org
All orders placed by the Purchaser become firm and final upon receipt of the Acknowledgement of Receipt within 72 hours.
All orders placed by the Purchaser with scheduled and dated delivery schedules will be deliverable within a maximum period of 12 months from the date of the order (unless otherwise agreed).
Beyond this period, the balance of the order will be delivered and invoiced to the buyer.
The goods are manufactured and delivered in accordance with the rules of use in accordance with the requirements of the standards in force.
Each supply meets the standards and technical requirements previously specified by the Purchaser. Thus, the specifications provided by the Purchaser are binding on him and he may under no circumstances raise a complaint for unsuitability of the delivered goods in accordance with the order.
When ordering, the Purchaser is required to recall the exact technical requirements, in particular for any supply on quotation similar to a previous delivery.
An order cannot be cancelled, in whole or in part, without the prior written consent of our company. In the event of cancellation of an order in progress, all goods whose manufacture will be automatically delivered and invoiced: in addition, if our company has had to source raw materials or special products in order to execute this order, the cost of these specific supplies not used due to the manufacturing stoppage will be invoiced.
The deadlines are given as an indication. Also, any delay occurring, either beyond our control, or in the event of force majeure, will not entitle us to compensation or termination of the sale. RIVELEC is entitled to make deliveries in whole or in part.
In the event of transport damage, the Purchaser must send a registered letter with acknowledgement of receipt to the carrier within 48 hours of delivery (with a copy to RIVELEC), our liability does not cover which can under no circumstances be held liable for destruction, damage, loss or theft during transport.
In any event, timely delivery can only take place if the buyer is up to date with his obligations towards RIVELEC, regardless of the cause.
PRICE – REGULATIONS
Our prices are net and without discount. They are indicated on the price list in force on the day of the order, unless otherwise agreed. Prices are subject to revision according to variations in raw materials, which can in no case be a reason to cancel the order. Prices are in Euros excluding tax, plus VAT.
For customers who do not have an account on our books, payment is made in cash or upon receipt of an invoice as indicated on the acknowledgement of receipt.
For account customers, the payment of invoices is payable in accordance with the new law on the modernization of the economy (LME law).
Indeed, this law specifies that the period agreed between the parties to pay the amounts due may not exceed: 60 days net from the date of issue of the invoice.
Payment is made by bank transfer (cheque accepted).
A discount of 2% will be granted in the event of payment by bank transfer within a maximum of 5 working days from the date of invoice. After this period, no discount will be accepted.
TRANSPORT and MINIMUM ORDER
A minimum net invoicing of 150 € is required. If, not reached, fixed invoicing costs of 25 €. Any direct delivery to the customer will generate a flat rate of 20 € HT per customer delivered in France.
- Orders below 399 € net excluding tax = 25 € excluding tax for shipping, packaging and invoicing costs for delivery in France.
- Orders between 400 € and 989 € net before tax = 20 € before tax for delivery in France.
- Orders equal to or greater than 990 € net excluding VAT = Price according to weight. For our authorized resellers, free of postage and packaging for all deliveries in France relating to an order and in a single delivery.
For our foreign customers and resellers, shipping and packaging costs according to our agreements or according to our commercial offer.
The place of payment of our invoices is our registered office. In the event of a delay in delivery due to the Buyer, payment is due from the date of the notice of availability of the goods. The Purchaser shall refrain from taking grounds for a complaint against RIVELEC to defer payment of a due date, in whole or in part, or to provide compensation.
In the event that the Purchaser fails to pay a single instalment or fails to fulfil one of the obligations imposed on the Pur chaser, RIVELEC may suspend further deliveries or
interventions and training:
a) at the choice of RIVELEC; either the immediate payment of all sums remaining due, whatever the method and term of payment initially provided for, or the return of the goods at the expense of the Buyer,
b) the enforceability, by way of damages and a penalty clause, of compensation equal to 15% of the sums due, in addition to any legal costs and subject to any other due,
c) payment of statutory interest at the bank base rate plus 10 percentage points.
d) In accordance with Decree 2012-1115 of 2 October 2012, a fixed indemnity of €40 will be due for any delay in payment in accordance with Article L441-6 of the French Commercial Code.
The Buyer shall bear all costs incurred by the seller for the recovery of the sums due.
RESERVATION OF OWNERSHIP
RIVELEC retains ownership of the goods sold until actual payment in full of the principal and incidental price.
In the event that payment is to be made by commercial bills, the transfer of ownership to the customer will only take place after the actual payment of the said bills.
In the event of a dispute or contestation on the part of the buyer, no compensation of any kind may call into question the retention of title clause.
This provision does not prevent the transfer to the Buyer upon delivery of the risks of loss and deterioration of the goods sold, as well as the damage they could cause.
Any complaint must be made within seven days of delivery and must be confirmed in writing by registered letter with A.R.
We reserve the right to either replace this item or to establish a credit note for the value of the invoiced price.
Liability is limited solely to goods supplied by RIVELEC and does not apply to damage, injury or loss of income resulting from a defective item.
Our warranty is limited to normal use of our products under conditions corresponding to their technical characteristics or professional standards.
RETURNS, DISPUTES, CLAIMS
The customer has a legal period of 7 days to exercise his right of withdrawal from the date of receipt of the goods.
Any declaration of non-conformity must specify the number of the delivery note, the reference and quantity concerned and the purpose of the non-conformity.
Any return of goods will be notified in writing to the seller so that he can organise the collection of the products.
Without information and validation from the seller, the return costs will be at the expense of the Buyer.
A contribution for administrative and logistical management costs will be charged to the customer if it is not clearly established that this return and/or dispute is attributable to the seller. 5% of the amount excluding VAT of the product returned by the buyer within the legal period of 7 days; 10% beyond this period. After a period of 6 months, no goods will be taken back.
The returned product(s) must be new, unused and in their original box perfectly intact.
The product(s) opened (s), used (s), damaged (s) during the return inspection will be charged at the rate used as a reference.
RIVELEC shall not be held liable for any delay or failure to fulfil its obligations in the event of force majeure, in particular in the event of natural disasters, bad weather, fire, explosion or flood, national strike, transport accident, riot or civil unrest, abnormal delay due to supplier, shortage of products and materials.
The shipping costs for any shipment outside metropolitan France are the responsibility of the Purchaser.
RIVELEC shall elect domicile at its registered office. Any dispute shall fall within the exclusive jurisdiction of the Versailles Commercial Court.
Drafts or acceptance of payment do not constitute a novation or derogation from this jurisdiction clause.
RIVELEC reserves the right to modify these terms and conditions of sale without notice to maintain them in compliance with regulations.