General Terms and Conditions of sales
Those general terms and conditions of sale shall apply to all orders for furniture placed by the Purchaser (Customer) to the Seller (SIMMOB). Any Purchaser’s general terms and conditions of purchase should only apply insofar as the Seller (SIMMOB) has consented to them in writing. Placing an order entails express acceptance by the Purchaser, of those general terms and conditions of sale. In the event of deviations between the English version of those general terms and conditions of sale and any version in another language, the English text prevails.
ACCEPTANCE OF ORDERS
Orders placed by the Purchaser do not bind the Seller (SIMMOB) or become firm and final until they are confirmed in writing by the Seller (SIMMOB). The order confirmation shall be regarded as the firm and final agreement on the specifications, quantity, price, procedure for payment, time and place of delivery for the ordered furniture. Any amendment to the order requested by the Purchaser is conditional upon the Seller’s (SIMMOB) written agreement. Any cancellation, return or refund of the order requested by the Purchaser is conditional upon the Seller’s (SIMMOB) written agreement.
The delivery deadlines mentioned on our order confirmations are only indicative. The Seller (SIMMOB) strives in all cases to respect them but any variations in the lead time shall not entitle the Purchaser to cancel the order, or refuse the goods or claim damages. Unless otherwise agreed, the Seller (SIMMOB) delivers the orders « Ex Works » (Incoterms 2010) Matha – France. The Purchaser carries out all operations involving transport, insurance, customs, and bears all risks of transport loss, damage or delay, whether or not related transportation has been arranged by the Seller (SIMMOB) and even if the furniture were sold carriage free. The risks and liability are transferred to the Purchaser at the time the products are handed over to the carrier.
FORTUITOUS EVENTS AND FORCE MAJEURE:
The Seller (SIMMOB) is relieved of any obligations with regards to the Purchaser for all fortuitous events or in case of force majeure. It is expressly agreed that events of force majeure shall be, in particular but not limited to, international tensions, war, riots, total or partial strikes, paralyzing bad weather, blocking-labor or blocking-roads situations, fire, flood, shortage of raw materials or any circumstances beyond the Seller’s (SIMMOB) reasonable control.
The Purchaser should inspect the products immediately upon delivery. Any and all claims relative to product’s conformity, shall be reported to the Seller (SIMMOB) by registered letter with acknowledgment of receipt, within three days from the delivery date. Past this period, no claim will be admissible. In the event of a compensation relative to product’s conformity, the amount of such compensation shall in no case exceed the price of the product itself. Any claim relative to transport loss or damage shall be reported to the transport company.
The Seller (SIMMOB) sells the furniture with a generic 2 years/5 years warranty. This warranty consists in the repairment or replacement of any defective components or spare parts of the products. The warranty does not cover and is not extended to defects or damages caused by the transport or by negligence in handling, storing, using or maintaining the furniture. Any liability and risks subsequent to the delivery, included damages to persons or goods, shall exclusively be borne by the Purchaser.
PRIX DE VENTE
Nos prix s’entendent hors toutes taxes (Taxe Parafiscale, éco-participation, éco-taxe transport et TVA), franco de port pour toute commande supérieure à 600 euros H.T.T. en France Métropolitaine.
En dessous de 250 euros H.T.T., une participation forfaitaire de 30 euros H.T. est à la charge du destinataire. Entre 250 et 600 euros H.T.T. la participation au port est de 12 %.
La T.V.A. et les Taxes sont facturées au taux en vigueur au jour de la livraison.
Nos prix s'entendent sous réserve de modification liée à l’application, prévue à l’article R 543-247 du code de l’environnement, d’une contribution aux coûts d’élimination des éléments d’ameublement.
Place of fulfillment shall be the Seller’s (SIMMOB) head office in MATHA. Unless otherwise agreed, payment of invoices should be made in Euros, within 30 days net end of the month. The Seller (SIMMOB) reserves the right, at any time, in accordance with incurred risks, to revoke any credit extended to the Purchaser, and to require specific payment terms or specific guarantees. Failure to pay any single invoice at due date shall entitle the Seller (SIMMOB) to refuse or cancel any outstanding orders, and shall lead to immediate payability of any other outstanding amounts. Returns costs, extension of benefits fees and outstanding payment fees shall always be borne by the Purchaser. In the event of a payment default, after formal notice to the debtor by the Seller (SIMMOB), the due amounts will strictly bear interest at ECB REFI rate + ten points. Pursuant to Article 121 of Law No. 2012-387 of 22 March 2012 a fixed indemnity of 40 euros shall apply to professionals in a situation of payment failure.
RETENTION OF TITLE
Pursuant to Law of 12/05/1980 n° 80/335 the furniture shall be transferred to the Purchaser’s ownership once and only once the Purchaser has fulfilled payment of their full price. Until then the furniture remains the Seller’s (SIMMOB) property.
INTERNET POLICY– INDUSTRIAL AND INTELLECTUAL PROPERTY
The Purchaser expressly recognizes that the Seller’s (SIMMOB) name, logo, product images, pictures, trademarks, commercial names or any other distinctive marks, as well as written or electronic documents, drawings, data and information remain the exclusive property of the Seller (SIMMOB).
Any controversy arising out or related to those general terms and conditions of sale shall be submitted to the arbitration of one or more arbitrators appointed by the ICC International Court of Arbitration, Paris - France. In the event of a Litigation, the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna Convention of 1980) shall have exclusive jurisdiction, wherever the place of delivery is, and, to the extent that such dispute is not covered by CISG, French legislation (TIC Paris) will automatically apply.
BUROCEAN is a registered trademark of SIMMOB S. A. S.