- Application of the general conditions of sale – Opposability
The present general conditions of sale established in accordance with Article L 441-6 of the French Commercial Code, apply automatically to the sales made by MUSTHANE.
These General Terms and Conditions (GTC) constitute the basis of the commercial negotiation and are systematically addressed or handed to each buyer to enable him to place an order.
The fact that MUSTHANE does not avail itself at any time of any of the present general conditions of sale can not be interpreted as waiving the right to avail itself of any of these conditions at a later date.
MUSTHANE reserves the right to modify these terms and conditions at any time. This amendment will come into effect one month after the new provisions are published.
Unless otherwise stipulated in our letters, our sales are made under the following general conditions which cancel any clause of purchase on the orders or correspondences of our customers.
Any service performed by the company MUSTHANE implies the unreserved acceptance of the buyer to these general conditions of sale.
Should one or more provisions of these Terms and Conditions prove for any reason invalid, illegal or unenforceable, they shall be deemed to be unwritten and the other provisions of these GCS shall continue to apply to sales made by the Company MUSTHANE.
To be valid, the order must specify in particular the quantity of the products sold as well as the price agreed, the conditions of payment, the place and the date of delivery or the removal.
Orders are final only when they have been confirmed in writing by MUSTHANE and after payment of any deposit.
Unless otherwise agreed, the confirmation of the order implies for the purchaser acceptance of the sales conditions of the seller, the recognition of having full knowledge and the waiver to avail himself of his own conditions of purchase.
When Musthane proposes a study or a prototype, it implements the means deemed necessary to carry out the proposed study and the possible manufacture of a prototype if this is part of the study. Our proposal does not in any way guarantee a result unless this is expressly stated in our quotation or on the confirmation of sale.
An order must be for a minimum amount of 150.00 € H.T. However, if MUSTHANE accepts an order for a lower amount of administrative fee of 55 € will be applicable.
Our goods offers to deliver from our warehouses are subject to availability upon arrival of orders. In case of shortage, MUSTHANE will respond to orders according to their order of arrival and to the extent of its availabilities.
Unless withdrawn in advance, the vendor’s quotation will be valid for the period mentioned in it or in the absence of a time limit, for 30 days from that date. The prices are firm prices HT for delivery within the time indicated on the estimate. Our prices and conditions are from our warehouses.
In principle, no merchandise that has been ordered will be taken over by MUSTHANE. However, takeovers that would be granted, amicably, will be credited under a minimum deduction of 20% of the selling price.
- Modification of the order
Any modification or resolution of order requested by the buyer can be taken into consideration only if it has been received in writing before the dispatch of the confirmation of sale or manufacture of the products.
If the seller does not accept the modification or the resolution, the deposits paid will remain with the company MUSTHANE and the amounts committed by the seller will be invoiced and due by the buyer.
The seller reserves the right to make any changes he deems necessary to his products at any time and to modify without prior notice the models defined in his prospectuses or catalogs.
The products are supplied at the prices in force at the time of placing the order expressed in euros and taking into account the VAT applicable on the day of the order; Any change in the rate may be reflected in the price of the goods or services.
Any order amounting to less than € 150.00 H.T. will be invoiced for a lump sum of € 55.00 to cover administrative costs.
Any taxes, duties, fees or other benefits payable under the French regulations or those of an importing country or a transit country shall be borne by the purchaser.
The delivery is carried out according to the order at the place indicated by the buyer on the order form.
Deliveries are only made on the basis of availabilities and in order of arrival of orders. MUSTHANE is authorized to make deliveries in whole or in part.
The delivery times are indicated as precisely as possible but are according to the possibilities of supply and transport of the company MUSTHANE. They run from the reception of the regulation or by express dispensation from the acceptance of the order.
Overdue delivery periods can not give rise to damages, withholding or cancellation of orders in progress.
The products ordered are considered as definitively taken and approved in our warehouses, the transfer of the custody of our products to the buyer taking place there, unless otherwise agreed.
The products ordered travel at the risk and peril of the recipient to whom it belongs, in the event of damage or failure to make any necessary findings and to confirm his reservations by extrajudicial document or by registered letter with advice of delivery to the Carrier within three days of receipt of the goods.
Without prejudice to the provisions to be taken vis-à-vis the carrier, claims concerning apparent defects or non-conformity of the delivered product with the ordered product or with the dispatch note must be made in writing within eight days of the delivery. Arrival of products.
It will be up to the purchaser to provide any justification as to the actual defects or anomalies found. He must leave to the company MUSTHANE any facility to proceed to the recognition of these defects and to remedy them. He shall refrain from intervening on his own or from involving a third party for this purpose. For products sold in packs, weights and measures at the beginning are proof of the quantities delivered.
Any return of product must be the subject of a formal agreement between the company MUSTHANE and the buyer. Any product returned without this agreement would be held at the disposal of the purchaser and would not give rise to the establishment of a credit. The costs and risks of return are always borne by the purchaser.
No returns will be accepted after 15 days from the date of delivery.
Returned goods shall be accompanied by a return voucher to be affixed to the parcel and shall be in the condition in which the carrier has delivered them.
Any takeover accepted by MUSTHANE will lead to the establishment of a credit for the benefit of the purchaser, after qualitative and quantitative verification of the returned products; Returns that do not comply with the above procedure will be penalized by the loss for the purchaser of the deposits he has paid and the invoice will remain due.
In principle, no warranty is given on all our products and services. However, if MUSTHANE grants specific warranties for orders, the following conditions will apply.
The MUSTHANE guarantee is limited to the return to conformity or the replacement of the defective product, with the exclusion of the resolution of the sale and of all damages; No claim will be accepted if any work or modification has been done on our products or if the product has been mounted, placed improperly and / or used in abnormal conditions. It is recalled that all our polymer products are sensitive to UV and ozone. Their lifetime is greatly reduced in case of prolonged exposure without protection to the climatic aggressions (UV, ozone, wind of sand …).
Due to the specificity of our products no claim can concern their aesthetic appearance.
In the case of supply of goods or equipment forming part of an installation, the above provisions may only apply if the installation has been carried out by a professional in accordance with the technical rules and standards in force.
It is expressly acknowledged and accepted by the customer that the granting of a guarantee for a specific order does not confer any right to the customer for future orders.
Indirect damages are expressly excluded. In particular, any loss or damage to data, loss of profit, loss of customers is considered as indirect damage.
An invoice is issued for each delivery and issued at the time of delivery.
10.1. Payment terms
Unless otherwise agreed and in writing, orders are payable at the time of their acceptance by MUSTHANE by bank transfer, direct debit or check in euros
Unless otherwise agreed, regulations will be made under the following conditions:
• cash with order.
MUSTHANE does not intend to grant any discount for cash payment or at a date earlier than that resulting from the general conditions of sale.
10.2. Delay or failure to pay
In case of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action.
Any sum not paid at the expiry date indicated on the invoice entails automatically from the day following the settlement date on the invoice the application of penalties of an amount equal to three times the rate of legal interest.
In addition, there will be a lump sum indemnity for recovery costs of 40 euros.
In case of non-payment, 48 hours after a formal notice remains unsuccessful, the sale will be automatically canceled if good seems to the seller who can request, in summary proceedings, the return of the products, without prejudice to any other damages, interests.
The resolution will affect not only the order in question but also any previous unpaid orders, whether delivered or in the course of delivery and whether or not their payment has expired. In the case of payment by commercial instrument, the failure to return the instrument will be considered as a refusal of acceptance equivalent to a default of payment. Similarly, when the payment is staggered, the non-payment of a single maturity will entail the immediate exigibility of all the debt without notice.
In all the foregoing cases, sums due for other deliveries or for any other cause shall become immediately due if MUSTHANE does not opt for the resolution of the corresponding orders.
Under no circumstances may payments be suspended or compensated without the prior written consent of MUSTHANE.
Any partial payment will be charged first on the non-privileged part of the receivable and then on the amounts with the oldest liability.
In order to obtain payment, we would be obliged to institute legal proceedings, it would be our duty as a fixed and irreducible penal clause to pay an indemnity equal to 20% of the amount of the invoice, without this compensation being Less than 300 €, without the need for prior notice and without prejudice to any damages and interest.
10.3. Warranty Requirement
During the execution of orders or contracts, the company MUSTHANE reserves the faculty to ask for the guarantees of payment that would appear to him necessary.
If these guarantees on the effectiveness of which we are the only judges, we are refused, the company MUSTHANE reserves the right to cancel purely and simply the balance to be delivered.
In the event of any dispute, even concerning the guarantees granted or accepted, the customer can not extend, suspend or modify the agreed deadlines.
Transportation, trucking, rail, road, air or water shipments and the resulting handling are carried out on behalf of customers at their own risk. The buyer bears the risk, even in the event of an agreed sale franco, as soon as the warehouses or factories of the MUSTHANE company are dispatched.
This means, in particular, that the goods travel at the risk of the buyer to whom he belongs in the event of damage, loss or missing, making any reservations or exercising recourse to the responsible transporters.
- Reservation of title
MUSTHANE retains ownership of the products delivered, until full payment of their price, in principal and accessories, in accordance with Articles 2367 to 2372 of the Civil Code and Article L624-16 of the Commercial Code, The granting of payment periods. The purchaser may not resell the goods unless expressly authorized by the Seller.
If the buyer is subject to legal redress or liquidation, the Seller reserves the right to claim, in the context of collective proceedings, the goods sold and remain unpaid.
This clause does not preclude the risk of the products from being the sole responsibility of the purchaser upon delivery.
- Force majeure
The liability of MUSTHANE can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale arises from a case of force majeure.
As such, in accordance with article 1218 of the Civil Code, there is force majeure in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the conclusion of the contract and whose effects can not be Prevented by the debtor from carrying out his obligation.
Any schema, plan, technical data, equipment, or any other material and / or information provided by the Seller shall be treated as confidential information belonging exclusively to the Seller. All information provided by Seller is the exclusive intellectual property of the Seller and must be treated as secret and confidential. In addition, the Buyer is prohibited from depositing a Soleau envelope, a patent or any intellectual property title whatsoever using the information provided by the Seller. The buyer undertakes to communicate to the Seller only information (plans, technical data, characteristics …) which he owns or has obtained the authorization of disclosure from their owners.
15. Personal Data
Pursuant to Articles 12 and 13 of European Regulation 2016-679 of April 27, 2016 (“GDPR”), relating to the protection of personal data and the amended Data Protection Act, the Customer is informed that Musthane, Responsible for Processing, collection of data for the purposes of Customer management, commercial relations, commercial follow-up, commercial prospecting and loyalty operations, development of commercial statistics, management of Customer opinions on Products, services or content, management of unpaid and collection, all promotional operations, Customer invoicing, response to any questions, Customer complaints. The Customer’s data will be strictly reserved for services relating to Commercial activities, Customer Marketing, Customer Accounting and other authorized services and will be kept for the purposes mentioned above and this, throughout the commercial relationship with Musthane and, beyond beyond, for a period that may not exceed the legal limitation period of common law of 5 years from the arrival of the end of the said relationship indicated by the customer. Under the terms of its data protection policy, Musthane undertakes to protect the Customer’s data from any breach. In accordance with articles 15 to 22 of the GDPR, the Client or the prospect may request at any time and free of charge to access the data concerning him, to rectify or erase them, from the Data Protection Officer of Musthane, at the address: firstname.lastname@example.org, or by mail at 53 rue de la République 59780 Willems France In the absence of a satisfactory response within thirty (30) days or of violation of their rights, any person may file a complaint with the CNIL. The Client or prospect may also oppose the processing concerning him for legitimate reasons. Musthane’s policy can be viewed at the following link: https://www.musthane.fr/politique-de-confidentialite/
16. Applicable law
By express agreement, any order placed under these general terms and conditions of sale will be governed by French law.
17. Jurisdiction / Dispute
In the event of a dispute concerning the interpretation or execution of their agreements, the parties shall seek an amicable agreement before any contentious action and communicate to each other the necessary information.
In the absence of an amicable settlement of the dispute within a maximum period of one (1) month, shall be solely competent in case of dispute of any kind or dispute relating to the formation or execution of the order, the Commercial Court of Lille.
This clause applies even in the case of an interlocutory application, an incidental application or a plurality of defendants or a plea of guaranty, irrespective of the method and manner of payment, without the jurisdictional clauses that may exist on documents Of purchasers may constitute an obstacle to the application of this clause. The purchaser accepts this allocation of jurisdiction without any restrictions or reservations
In case of inaccurate translation with the French version, the French version is authentic