Terms of Sales
Terms of Sales
Description of the document and relation to the conditions of purchase
Any order for products, whether standard or promoted, signifies the knowledge and acceptance, by the Buyer and without reservation, of the Seller's general conditions of sale. They cancel all other conditions previously issued.
These general conditions include the prices, this text and the appendices. Unless it is accepted in advance and in writing by the Seller, no particular condition can prevail over the General Conditions of Sale.
Any condition proposed by the Buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.
The placing of an order by the Purchaser necessarily entails his renunciation to avail himself of any General Conditions of Purchase or to invoke any provision contrary to these Conditions.
Orders, delivery times
1. Orders are firm and final and no cancellation or modification will be possible without prior written acceptance by the Seller. Unless it is demonstrated that the cancellation comes from the Seller, any down payments made will remain acquired by the Seller as damages.
2. Only orders containing the following information will be executed: date of the order, description of the products, quantities, applicable price list, total amount of the order, place and date (day and time) of desired delivery / collection, name and contact details of the transporter responsible for the collection.
3. Orders can be executed within a minimum period of 5 working days (Saturdays, Sundays and public holidays excluded) after their receipt by the Seller.
These delivery times are indicative. Any delays cannot justify compensation, refusal of goods, or cancellation of the order.
The Vendor undertakes to inform the Purchaser of any unavailability of the product, whether temporary or lasting, this unavailability rendering any delivery deadline irrelevant.
Any non-compliance with the delivery conditions by the Buyer entails the right for the Seller to invoice the Buyer for the carrier's waiting time.
4. The Seller reserves the right to split any order in the event that the quantity ordered at one time, or in series of successive orders transmitted within a period of 30 Days represents more than 50% of the quantities delivered during the period. past calendar year.
5. To be admissible, any dispute on account of the condition of the goods must have been the subject of reservations recorded on the delivery slip, signed by the recipient and countersigned by the deliverer.
6. The Seller reserves the right to suspend its deliveries at the occurrence of any event likely to reveal a decrease in the apparent solvency of the Buyer.
If the Buyer comes to load the goods at the Seller's premises, the transport is carried out at the risk and peril of the Buyer without any exception and despite the terms of the article on the Retention of Title Clause. In the event that the goods circulate accompanied by customs or tax documents, if these documents are not returned on time, the Buyer will reimburse the Seller for all sums that the Seller may have to bear, including duties and taxes.
To prepare orders subject to collection, the Seller must have received confirmation of the appointment two working days before the date of collection. Carriers must respect the safety protocol in force at the collection site.
1. The prices are understood to be payment when ordering.
They can be modified at any time except modification of the taxation in force.
No discount is granted for early payment unless expressly agreed otherwise.
The prices include specific conditions depending on the geographical area of delivery.
Any order that can be delivered at one time and in the same place must contain a minimum of 1 unit
2. All payment instruments (promissory notes, LCRs, checks, etc.) must reach the Seller before the due date indicated on the invoice.
3. Consequences of any total or partial non-payment, on the payment date indicated on the invoice:
- immediate settlement of all sums still due regardless of the payment method provided and the due date.
- payment as a penalty clause of an indemnity equal to 100% of the sums due and not paid, including any legal and extrajudicial costs, in particular penalties and bank charges where applicable. This penalty clause will apply without the Seller having to justify the extent and nature of his damage.
-compensation, up to the amount of the principal plus interest, costs and accessories, with all assets, credits, refunds, rebates, discounts or discounts and more generally any sums that the Seller may owe to the Buyer in any capacity whatsoever it would be.
- suspension of any delivery until full payment.
- termination of any contract or any order in progress after formal notice to pay made, by RAR letter, which has remained ineffective.
- loss of discounts, rebates, discounts, possibly granted by the Seller but not yet paid,
- cash payment for the deliveries of the two orders following the date of observation of the failure to pay on the correct date.
Any unilateral deduction on the part of the Purchaser on one of his payments would be considered as a default of payment and could lead to all of the above consequences.
4. The invoice is established at the Tariff applicable to the geographical area of delivery, in force on the date of delivery. The invoice is established according to the taxation in force and will be modified automatically in the event of modification of this one.
5. Any return accepted by the Seller or unavailability of the ordered product communicated by the Seller will result in the constitution of a credit for the benefit of the Buyer, this credit not being in any case an acceptance by the Seller of any penalty or of any damages whatsoever.
Title retention clause
All goods remain the property of the Seller until full payment of the price.
It is specified that by full payment of the price the Seller means the actual collection of the payment document and not the delivery of a document creating an obligation to pay.
In the event of payment in installments, there is no full payment until payment of all due dates.
Any extension of maturity granted will be subject to the same retention of title.
The risks of loss or deterioration of the goods as well as the responsibility for the damages which they could cause are transferred to the Purchaser upon delivery of the goods. The Buyer must insure them on behalf of the Seller and at its expense.
The goods will be used or resold by the Buyer in the chronological order of the Seller's deliveries. Consequently, the goods in stock at the Purchaser will be deemed to relate to the Vendor's unpaid invoices. The return of goods belonging to the Seller under this clause will be at the expense and risk of the Buyer. Where applicable, the Seller reserves the right to claim the merchandise in the hands of all sub-purchasers.
In the event of resale, the claim may be exercised on the price of the goods or any corresponding claim, even in the hands of any holder or assignee, the Buyer agreeing to lend his assistance to the Seller for the recovery of these claims. from sub-buyers.
In all cases, the Seller is subrogated in the rights of the Buyer with regard to any sums or indemnities which may be due to him, for any reason whatsoever, and in particular insurance, up to the amount of the price. goods delivered and not yet paid for.
The Seller's contractual obligations are automatically suspended and the Seller's liability is released in the event of events likely to stop or reduce the manufacture, transport of goods or prevent the normal execution of sales. Likewise, the Seller's liability cannot be engaged in the event that the products sold are stored in abnormal conditions or incompatible with their nature.
The Seller's guarantee is limited to the replacement of goods recognized as defective to the exclusion of all damages for any reason whatsoever, in particular loss of material, loss of profit, etc., and in general for any alleged damage, direct or indirect, the Purchaser having to check the goods before use or resale.
To guarantee the quality of its products and preserve its brands, the Seller has the right to take back, wherever it is, products whose quality is in doubt, the Buyer committing to providing assistance, in particular logistics and establishing a stock.
Any claim by the Buyer for sums that the Seller could possibly owe him for any reason whatsoever must be notified by recorded delivery at the latest 1 month after the calendar year for which the sum is claimed. Otherwise, the complaint is not admissible.
In the event of a dispute in the interpretation and / or execution of these presents, jurisdiction is attributed to the Tribunal de Commerce de Toulon, the applicable law being French law.
Industrial and commercial property
The sale of the products does not confer any right on the Purchaser to the trademarks or distinctive signs affixed to these products.
The realization by the Buyer of any advertising message or promotional operation comprising the trademarks or distinctive signs affixed to the Seller's products is subject to the prior written authorization of the Seller.
The Seller reserves the right to refuse the dissemination of advertising messages that would be denigrating or damaging its brands.
When the Buyer places the Seller's products online, the Buyer undertakes to use only photos and logos sent by the Seller, for which the prior written agreement is mandatory.
No information concerning our customers will be communicated or sold.
REFUND / CANCELLATION POLICY
After purchase no refund will be made the management reserves the possibility of accepting a change of services.
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
You are responsible for the return costs.
In the event that the right of withdrawal is exercised, SPA La Coupole will reimburse the sums paid, within 14 days of notification of your request and via the same means of payment as that used when ordering or possibility to exchange for another product.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
• The provision of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods liable to deteriorate or expire rapidly.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
• The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
• Transactions concluded during a public auction.
• The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
Company name: Spa Coupole Shop represented by Mr. Jean Pierre Pische
Email address: Pharmacypische@gmail.com
Phone: 04 94 12 88 70
Postal address: 11, Rue Soldat Bellon
Region: Provence-Alpes-Côte D'azur
Postal code: 83400
SARL: Spa La Coupole with a capital of 20,000 €
RCS Toulon B 480 735 687
VAT IDENTIFICATION NUMBER: FR15480735687