The following Terms and Conditions of Sale govern the obligations of the customer and/or its successors and assigns and of us, subject to any special provisions that deviate from these terms and conditions and have been agreed upon in writing by the parties.
The GTC in effect are those available on the date of the order, and any changes to the GTC will be communicated prior to their implementation. All sales are subject to the buyer’s tacit acceptance of these terms and conditions of sale. Unless the buyer objects, the General Terms and Conditions of Sale are deemed accepted upon the signing of the quote or the placement of an order; we consider that the buyer accepts our General Terms and Conditions of Sale without reservation and definitively, and that the buyer waives any conflicting clauses that may have been included in their own General Terms and Conditions of Purchase. These terms apply to all transactions effective as of today, without any time limit and regardless of their nature.
- For any order, any amount paid in advance by the customer is considered a deposit and constitutes a portion of the sale price; the sale is final upon the customer’s acceptance of the quote.
- Any order for merchandise not listed in the company’s product catalog or in stock in the store is deemed a “special order” within the meaning of these general terms and conditions of sale.
- As our prices are subject to change without notice, the selling price of our products is that listed in our most recent price list, which is available to our customers in-store.
- Deliveries are free of charge once they reach the free shipping threshold indicated on our website.
- Any discounts are granted at our sole discretion and do not create any entitlement for the customer in future sales.
These discounts are applied to the prices mentioned in the preceding paragraph.
- An order constitutes a binding commitment by both parties:
- Accepted quotes are considered firm and final orders; such orders cannot be canceled.
- The sale is deemed accepted and the contract finalized upon delivery of the ordered goods or their availability in our warehouses.
- Delivery and the transfer of risk for the products are deemed to have taken place at the time they are made available to the buyer.
Delivery times are provided to the customer for informational purposes only and do not constitute a material condition for the validity of the sale. If such times are specified, failure to meet them shall not give rise to either the cancellation of the order or the payment of damages. A tolerance margin for delivery or fulfillment times may vary from 5 to 10 business days depending on circumstances.
Orders are delivered based on product availability, with remaining items shipped as they are received. The seller shall not be held liable in the event that all obligations are partially or completely unfulfilled as a result of a force majeure event.
For the purposes of these General Terms and Conditions of Sale, force majeure is defined as an event beyond the seller’s control, which the seller could not reasonably have foreseen, avoided, or overcome, and which renders the performance of the contract wholly or partially impossible. Force majeure includes, without limitation, natural disasters (earthquakes, floods, hurricanes, tornadoes, volcanic eruptions, tsunamis, wildfires, landslides, droughts), strikes and labor disputes (transportation strikes, public service strikes, demonstrations and riots, roadblocks), as well as other unforeseen situations (pandemics, widespread power outages, terrorist attacks, armed conflicts).
- Any packaging defects must be noted in writing on the delivery slip and confirmed in writing by the customer to the seller under the conditions set forth in the following paragraph.
- Furthermore, any non-conformity of the goods (apparent defects, incorrect pricing, insufficient quantities delivered) must be notified to the seller within 72 hours, regardless of whether a packaging defect was previously noted.
- Placement of goods on shelves or in storage areas at the customer’s premises is carried out at the buyer’s expense and risk, including in cases where, exceptionally, this operation is performed by the seller.
- In the event of a significant delay, the options available to both parties are as follows:
- The following items cannot be returned:
- Returns are subject to the following conditions:
Returns must be approved by us; your written request must be received no later than 72 hours from the delivery date. After this period, no returns will be accepted, except under warranty for hidden defects.
Only products listed in the latest valid catalog may be returned upon approval, subject to a 30% deduction from their invoiced value.
Each return must be accompanied by a photocopy of the delivery note or sales invoice.
Our invoices are payable in accordance with the terms established when the account was opened. In the event of late payment, penalties will be applied in accordance with Article 3.1 of Law 92.1442 of December 31, 1992. Subsequent orders will be delivered only upon cash payment at the time of order (prior to delivery) until the outstanding balance has been paid. Any deviation from the payment terms granted to the customer is valid only for the delivery in question.
In the event that duly accepted commercial paper is not returned within 20 days of the invoice date, the same rule regarding accelerated payment under Article 8 shall apply, and the sale shall be deemed to have been concluded on a cash basis.
The buyer shall insure the purchased goods from the time they are picked up at our warehouse, with the risks associated with such goods being transferred from that moment onward in accordance with Article 5 of the General Terms and Conditions of Sale.
The delivered goods remain our property until full payment of the agreed price, including principal, interest, and fees; neither the buyer’s bankruptcy nor the liquidation of the buyer’s assets may alter this provision. Law No. 80-3354 of May 12, 1980. This retention of title applies to the goods and their price if they have already been resold; in the event of a claim, any down payments already made shall be retained by the seller as compensation. The buyer shall bear all legal and court costs resulting from a claim for recovery of the goods. Terms of application of the retention of title clause:
Upon formal notice by registered letter with return receipt and after a period of 15 days in the event of non-payment of the full price of the delivered goods, the seller shall have the right to invoke the retention of title clause.
The buyer will be notified by registered letter with return receipt, and shall be obligated to make the goods available.
- If the buyer fails to make payment by the agreed due date, this sale may be terminated automatically 8 days after a formal notice sent by certified mail has gone unanswered.
- The full purchase price shall become immediately and automatically due and payable in the event of failure to meet a payment deadline. The seller shall notify the buyer of its intention to invoke the acceleration of the term by simple registered letter.
FLAT-RATE INDEMNITY FOR COLLECTION COSTS: Pursuant to Articles L441-6 and D441-5 of the Commercial Code, the buyer shall pay the seller a flat-rate indemnity of 40 euros for collection costs for each invoice paid after the due date stated thereon.
INTEREST CLAUSE: As of the unpaid due date or the acceleration of the term, a penalty equal to three times the statutory interest rate shall be payable (Decree 2009-138 of February 9, 2009)
DAMAGES – COMPENSATORY INTEREST: In the event of non-payment of a single outstanding installment 8 days after a formal notice by registered letter with return receipt has remained without effect, the customer shall be liable to the seller for damages amounting to a minimum of 13% of the outstanding principal, as well as the amount of collection costs.
For any dispute or litigation arising from these terms and conditions in B2B relationships, jurisdiction is assigned to the competent courts of Saint-Pierre, Réunion. For relationships with individual consumers, jurisdiction shall lie with the courts of their place of residence.