1. These Terms and
Conditions of Sale together with any specific conditions agreed to in writing by
the Seller constitue the only terms of the contract of sale and reflect the
entire Agreement between the Parties
2. The placing of an
order by flic Buyer signifies its complete acceptance, without reserve of the
conditions of sale set forth herein,, to the exclusion of any other terms and
conditions possibly used by the Buyer. Any modification and /or addition
proposed by the Buyer shall not bind the Seller unless the Seller has expressly
accepted them in writing
ORDERS
Orders must be placed
in writing and must necessarily include the désignation of the mercharandise
and its price. Also the orders can be registered on the web site : www.
emachparfums.tm.fr.
ORDERS AND THEIR
POSSIBLE MODIFICATIONS SHALL BIND THE SELLER ONLY AFTER WRITTEN APPROVAL THEREOF.
No order may be
cancelled except after prior written consent of the Seller. The Buyer hereby
agrees, in any event, ta accept delivery of, and pay for, the quantities of
products manufactured before the production has stopped.
DELIVERY
Unless otherwise agreed
beforehand, delivery times mentioned on the orders forms are only informative
and not contractual.
Force majeure
circumstances (fire, strike, impediment to supply stock, accident, war... )
relieve the seller of his obligation to deliver.
Unless otherwise agreed
beforehand, the goods are transported at the buyer's risks, and the packaging
and freight charges are at the expense of the buyer.
STORAGE
We recommmend to store
our goods in closed containers away from heat sources and protected from
extremes of temperature.
PRICES
Unless otherwise stated
on the order, the prices of the goods are those quoted on the price list in
effect at the date of delivery.
Unless otherwise
agreed,
the prices are net prices ex works Château d'Olonne,INCOTERMS 2000.
All taxes, charges or
any fees due in application under the French législation or the législation of
the country of destination or transit countries législations are a the buyer's
expense.
PAYMENTS
Foreign countries, all
orders must be paid by SWIFT transfer to our bank : CREDIT AGRICOLE (C.R.C.A) at
Les Sables d'Olonne (France).
PROPERTY CLAUSE
The goods will become
the property of the buyer only when the corresponding invoice is paid in full.
This clause does not
relieve the buyer from his responsibility to prevent damage, loss or
deteriotation of the goods from the terms of delivery.
LITIGATION
Only the "Tribunal
de Commerce" of La Roche sur Yon - Vendée - FRANCE will be Competent in
any dispute between the seller and the buyer regarding the formation, the
exécution or the interprétation of the terms of sales.