GENERAL CONDITIONS OF SALE
ARTICLE 1. GENERAL
Any placing of order by the buyer implies the unconditional acceptance of these general conditions of sale of MARLI (hereinafter: the "General Conditions of Sale"), which the buyer acknowledges having read.
No contrary provision (conditions of purchase, etc.) unilaterally established by the buyer can not be opposed to MARLI if it has not been previously and expressly accepted.
The fact that MARLI not to avail itself, at a given moment, of any of the provisions of these General Conditions of Sale can not be interpreted by the buyer as a waiver by MARLI to avail itself later of any of those provisions.
The present General Conditions of Sale are modifiable at any time, it being understood that any possible modification will be brought to the knowledge of the buyer at the time of the placing of his next order and / or the signature of the corresponding purchase order. It will not be applicable to current orders.
ARTICLE 2. ORDER
All purchase orders must be signed by the buyer and have their commercial stamp.
MARLI will send the buyer a written confirmation of order within 20 working days of receipt of the order form. The order placed by the buyer will become final only after written confirmation by MARLI.
Any modification or cancellation of the order by the buyer must be received by MARLI before the expiration of the said period. After this period and once his order accepted by MARLI, the buyer can not modify and / or cancel his order, the latter being required to pay the full amount to MARLI.
Notwithstanding the foregoing and exceptionally, MARLI will only charge the buyer:
- 30% of the canceled amount of the order if the cancellation - total or partial - is made by the buyer between the 1st and the 15th day after the order confirmation sent by MARLI, and
- 50% if the cancellation occurs between the 16th and the 45th day following the order confirmation sent by MARLI.
ARTICLE 3. PRICES
Prices are exclusive of taxes, ex works, in accordance with the conditions defined on the order form. The shipping costs and customs duties are the sole responsibility of the buyer.
The products are supplied at the price in effect on the day of the signing and / or signing of the purchase order, the buyer declaring having read the prices before contracting and accept them according to the conditions defined on the order form.
The principle of ex-works shipment may be waived on the basis of a special agreement between the buyer and MARLI. The conditions of this shipment will, in this case, be included on the purchase order accepted by MARLI.
ARTICLE 4. PAYMENT TERMS
Unless otherwise specified in the purchase order accepted by MARLI, the invoice for the amount of the order will be sent to the buyer at the time of delivery of said order.
The invoice must be paid by the buyer:
- in cash (payment occurring within 10 calendar days of the date of the invoice); Cash payments are eligible for a discount of 1%.
- or in the long term within a period not exceeding 45 days at the end of the month of issue of the invoice.
The term payment method is subject to the prior written consent of MARLI.
The payment deadlines run from the date of invoice. In the event of a payment incident, MARLI reserves the right to modify previously agreed conditions, and in particular to require cash payment of orders at the time of their purchase by the buyer.
ARTICLE 5. DELAY AND DEFAULT OF PAYMENT
Under no circumstances may payments be suspended or compensated without the prior written consent of MARLI. Any partial payment will first be applied to the non-privileged portion of the claim and then to the amounts for which the due date is the oldest. Failure to pay by the due date will result in:
(a) the immediate payment, by operation of law and without notice, of all amounts remaining due, regardless of the method of payment provided, even by accepted draft;
(b) the automatic payment of late payment interest calculated from the first day following the due date of the invoice, by applying an interest equal to 3 (three) times the legal interest rate to all the amounts due, supplemented by a lump sum compensation of forty (40) euros for recovery costs, without prejudice to the right for MARLI to seek compensation for its entire loss.
In case of late payment, MARLI reserves the right to suspend deliveries until full payment of outstanding invoices and may refuse any new order.
ARTICLE 6. RESERVE OF PROPERTY
MARLI retains ownership of the delivered products until full payment of their price in principal and in interest. Interest is deducted as soon as the payment period granted to the buyer is exceeded. Payment is made upon actual collection of the price, the remittance of the draft or any other security creating an obligation to pay that does not constitute a payment. The products in stock at the buyer are deemed to be those still unpaid. In case of seizure by third parties on these products, the buyer is obliged to inform MARLI immediately.
ARTICLE 7. SHIPPING - DELIVERY - TRANSPORT
The respective responsibilities of MARLI and the buyer are defined in accordance with the Incoterm 2010 "Ex Works" of the International Chamber of Commerce, unless stipulated otherwise in the order form, as accepted by MARLI.
MARLI's liability ceases when the parcels are delivered to the carrier designated by the buyer. The buyer will bear the risk of the products, including transport, since the departure of the products from the premises of MARLI. The delivery note issued to the carrier will constitute proof of delivery.
In case of refusal by the buyer of the delivery and in addition to the payment of the price of the order, the buyer will be liable for compensation corresponding to 30% of the price of the order and this, without prejudice to the additional damages which MARLI could claim.
ARTICLE 8. DELAY IN DELIVERIES
The delivery dates are those mentioned in the order confirmation sent by MARLI. MARLI's failure to deliver on the scheduled date does not entitle to any compensation whatsoever. In case of late delivery, no total or partial cancellation of order will be accepted by MARLI if it is not preceded by a formal notice by registered letter issued by the buyer. The latter can only send it after the expiration of the planned delivery deadline.
Upon receipt of this formal notice, MARLI will have an additional period of not more than 15 days to deliver.
ARTICLE 9. CASE OF FORCE MAJEUR
In the event that, as a result of a force majeure event, MARLI can not execute the order in whole or in part, particularly in the event of non-delivery by a supplier of raw materials, the buyer will not be able to implement the responsibility of MARLI and the sale will be resolved by right.
ARTICLE 10. CLAIMS
Claims can only be accepted if they are made in writing within 8 business days of receiving the goods. In any case, the buyer can not return products without prior written authorization from MARLI. The authorization of the return of a product does not give right to the buyer to return to MARLI the products bought in coordinates. If the claim is justified, the return will be the subject of an exchange or, in case of impossibility, a credit. Products returned in noncompliance with the order will not be returned or exchanged.
ARTICLE 11. DISTRIBUTION OF PRODUCTS
The products can only be sold at MARLI authorized retail outlets.
Delivered products are considered as an inseparable whole, including labels, claws and packaging; They must be resold as is.
ARTICLE 12. INTELLECTUAL PROPERTY
All intellectual property rights in the creations, products, designs, models and trademarks belong exclusively to MARLI. The reproduction, representation and adaptation of these elements are strictly prohibited, in any form whatsoever.
Failure to comply with this article and legal provisions relating to intellectual property constitute an act of counterfeiting and / or unfair competition, punishable by the laws in force and likely to lead to the award of damages and interest.
ARTICLE 13. ADVERTISING AND USE
The use of the "MARLI" names is reserved exclusively for MARLI's professional clients for their commercial advertising. In this respect, no advertising relating to the mark and / or products may be made without the prior written consent of MARLI. In particular, the signage of the products on the retail places will have to be made exclusively from the material provided by MARLI.
ARTICLE 14. aPPLICABLE LAW AND LEGAL ALLOCATION
The law applicable to these general conditions of sale is the French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded. The language of interpretation is the French language. Any disputes that may arise from these general conditions of sale will be submitted to the competent courts of the jurisdiction of the Paris Court of Appeal.