CGV export

 

 

General conditions of sale

Article 1: GENERAL CLAUSES

The customer acknowledges that he/she
has reviewed the general conditions of sale prior to its order and more particularly 
by means of the price list.This implies as a consequence its full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents, prospectuses, 
catalogues and notices that have been given to it purely for guidance purposes. 
They are applicable to all sales made, subject to the special contractual provisions agreed upon by the parties. No condition may prevail over these GCS unless formally accepted in writing by the seller.

Article 2: ORDERS
Orders are not final until they have been confirmed in writing or following payment 
of a down payment as set in the estimate prepared. Any modification or cancellation 
of the order requested by the buyer will be considered only if it is sent in writing 
within a maximum of 5 days of the order. Down payments made must be a percentage of the value of the goods marketed on the date of acceptance of the order. Any modification or cancellation of the order after delivery will be refused and the goods ordered will be due and payable. The minimum order is €260, exclusive of tax.*

Article 3: DELIVERY
*Delivery methods: 

Delivery is considered made:
- either by notice of availability at the warehouses of MASTRAD SA
- or by delivery to a shipper or to a carrier.The buyer agrees to proceed with pickup 
of the goods deemed delivered within 10 days and, if it fails to do so, it exposes itself to the sanctions set forth in Article 6 of these GCS. Deliveries are made according to 
availability only and in the order in which the orders arrive;MASTRAD SA is authorized to proceed with partial deliveries, these being subject to specific billing to be paid in accordance with the conditions set forth in article 6 of 
these GCS.It is stated here that MASTRAD SA reserves the right not to follow up on 
remaining deliveries corresponding to a merchandise price of less than € 150, exclusive of taxes.*

*Time frames:
The delivery time frames are given for guidance purposes and will be finally set 
only according to the procurement and transport possibilities available to MASTRAD SA. In any event, delivery may take place only if the buyer is current with respect to its obligations toward MASTRAD SA, whatever the reason, and 
is not undergoing insolvency proceedings.Exceeding delivery time frames may not 
give rise to damages, withholding or cancellation of orders in progress.However, if 3 months after the indicative date of delivery, the product has not been 
delivered for any reason other than a case of force majeure, the sale may then be 
cancelled at the request of either party.The buyer may, in this case, obtain the return of its down payment, to the exclusion of any other compensation or 
damages.
The following are considered cases of force majeure releasing MASTRAD SA 
from its obligation to deliver and to return the down payment:All events hindering the production, the supply or the availability of the products, such as strikes of MASTRAD SA 
employees or of its usual carriers and or subcontractors, fire, flood, war, production 
*applicable in France and Metropolitan France.

shutdowns, accidents and the impossibility of procuring supplies, 
however this list is not restrictive.
* Risk and claims: 
As of shipment or delivery to the carrier, the products travel at the risk of the 
recipient even in case of postage-paidsales or in exchange for reimbursement or 
in case of return.
In case of damage or missing items, it is up to the recipient to make all necessary 
reports and to confirm its reservations in accordance with the forms and time limits 
set forth in Article L133-3 of the Commercial Code.
A quantitative tolerance with respect to the delivery of 5% more or less is 
accepted based on the number of units appearing in the order.

Without prejudice to the provisions to be taken vis-à-vis the Carrier, claims 
concerning patent defects or the nonconformity of the product ordered (or to 
the packing list) must be made in writing within eight days following the date the 
products are made available.
The buyer must provide all proof concerning the actuality of the defects or anomalies noted, and must refrain from intervening itself or having a third party 
intervene for this purpose.

Article 4: RETURN OF MERCHANDISE
All product returns are subject to a formal agreement between the buyer and
MASTRAD SA.
No return will be accepted more than fifteen days after the delivery date.
Return-related expenses and risks will always be borne by the buyer, namely the 
transport costs and the restocking and repackaging costs. They will be at least 
15% of the price billed for the merchandise.
All returns accepted by MASTRAD SA will result in the establishment of a credit in 
favor of the buyer, following qualitative and quantitative verification of the 
products returned, which must include their original packaging, their instructions 
and accessories.
Returns that do not comply with the procedure stipulated above will be 
sanctioned by the loss of the buyer’s down payment and the payment of the 
return, restocking and re-packaging costs.

Article 5: WARRANTY
The merchandise sold, excluding electronic or electric appliances that are 
subject to special provisions, is warrantied for 6 months from the date of delivery 
against all material or manufacturing defects.
Service performed under the warranty may not extend the term of this warranty.
Pursuant to this warranty, the only obligation incumbent on MASTRAD SA will be a right to replacement free of charge or to repair of the product or the component recognized to be defective by its services. To be eligible for the warranty, any product must first be submitted to the MASTRAD SA technical department, whose agreement is indispensable for all replacements.The following are excluded from the 
warranty:Patent defects, defects and deterioration caused by natural wear and tear or by 
external incident (improper assembly, faulty maintenance, abnormal use) or by a 
modification of the product.

Article 6: PRICES – PAYMENT TERMS
– PENALITES
Prices are net, without shipping, excluding taxes, including packaging based on the 
rates indicated to the buyer on the date its order was accepted.
The prices displayed in the rate sheets imply compliance with the bundling 
indicated.
If bundling is not adhered to, an additional cost of € 1.20 will be applied per item.
Postage paid is granted for any order over the amount of € 560, exclusive of taxes* 

 

giving rise to a delivery in Metropolitan France.A final invoice will be prepared for each 
delivery and issued at the time of this delivery.Prices are payable immediately in cash
upon receipt of the invoice.Simple remittance of a bill of exchange or 
a check does not constitute payment as per this article, but payment on the agreed 
upon due date.
In case of late payment or non-retrieval of the merchandise within the time period set 
forth, MASTRAD SA may suspend all orders in progress and refuse all new 
orders, without prejudice to any other course of action.
Any sum not paid on the due date appearing on the invoice will automatically 
and without prior notice result in the application of penalties in an amount equal to 3 times the legal interest rate per month. Any late payment will give rise, in addition to late penalties, to the payment of lump sum compensation of 40 euros for recovery expenses. Furthermore, if the failure to pay persists, 48 hours following notice that has remained ineffective, any invoice will be increased as non-reducible penalty clause by lump sum compensation set at 10% of the price invoiced.
The amount of this late interest and these penalties will be charged automatically against all discounts or rebates granted to the buyer.
In addition, the sale may be cancelled by right if MASTRAD SA so desires, and MASTRAD SA may request the return of the products without prejudice to all other 
damages.
The cancellation will affect not only the order in question, but also all previous unpaid orders, whether delivered or in the process of being delivered and whether or 
not payment is due.
Any partial payment will be applied first tolate penalties and late interest on the 
receivable, to storage costs, if the merchandise delivered is not picked up, 
then to the principal amounts

Article 7: CONDITIONS OF ON-LINE SALES.
MASTRAD SA authorizes the buyer to sell its products at their Internet site subject, 
however, to compliance with the following 
conditions: 
- The site must satisfy the promotion requirements for MASTRAD products 
concerning the presentation and quality of the visuals, and the buyer agrees to 
inform MASTRAD SA of any modification prior to placing them on-line. 
- The MASTRAD products must not serve as loss leader for other brands appearing 
nearby MASTRAD products under conditions that could adversely affect the 
MASTRAD products.

- MASTRAD SA must be informed of any link to other sites or search engine; in the 
same way, the domain name must not include MASTRAD’s name.
The buyer agrees to comply with the applicable laws, particularly with respect 
to consumer law, as well as the provisions relating to distance selling and, more 
specifically relating to digital economy and electronic commerce.

 

Article 8: RETENTION OF OWNERSHIP CLAUSES
The merchandise delivered remains the property of MASTRAD SA until the 
principal amount, incidental expenses, interest and penalties are paid in full, it 
being recalled that the simple remittance
of bills of exchange or any document creating a payment obligation does not 
constitute payment. This retention of ownership also concerns both the 
merchandise and its price if it has already been resold. In case of attachment or any 
other third-party intervention concerning the merchandise, the buyer must inform 
MASTRAD SA immediately, in order to allow it to oppose it.

The buyer is also prohibited from pledging the ownership of merchandise not paid for 
as collateral or assigning it as security. The buyer must take out insurance covering the risks arising as of delivery of the merchandise, and it may be asked by MASTRAD SA to provide proof of this insurance at any time. The buyer is authorized, in connection with the normal operation of its establishment, to resell the merchandise covered by the contract. It commits, in this case, to pay the remaining balance owed to the seller immediately or to inform the subpurchasers that this merchandise is subject to a retention of ownership clause and to alert MASTRAD SA of this assignment so that it can preserve its rights. The authorization to resell is withdrawn automatically if the price is not 
paid on the due date or in case of courtordered reorganization or liquidation.

If the buyer fails to comply with its obligations, MASTRAD SA will be authorized, following formal notice, to take back possession of the merchandise still in stock at the buyer’s site.If insolvency proceedings are commenced, the orders in progress will be cancelled,and Mastrad reserves the right to claim the merchandise in stock.

Article 9: USE OF TRADEMARKS, DESIGNS AND PATENTS
All use of trademarks, designs and/or patents belonging to MASTRAD SA will 
be limited strictly to the marketing of these products. This obligation also targets any
packaging method and, in general, all accessories and furniture designed and developed by MASTRAD SA for the marketing and the presentation of its products. The buyer agrees not to display and/or sell items of the brand, where the name, the presentation or the physical configuration would lead to confusion with the products and accessories belonging toMASTRAD SA.
Otherwise, the buyer will expose itself to sanctions for acts of unfair competition 
and/or infringement. The buyer agrees to inform MASTRAD SA prior to any 
promotional operation (sales, discounts, promotion) that it may carry out 
concerning the products supplied under the MASTRAD trademarks.

 

Article 10: AVOIDANCE CLAUSES
Any breach by either of the parties with respect to the obligations incumbent on it 
according to these GCS will result in the automatic cancellation of the contract of 
sale fifteen days following formal notice to perform that has remained ineffective, 
without prejudice to all damages that may be claimed from the defaulting party.

 

Article 11: SETTLEMENT OF DISPUTES
By express agreement, contracts subject to these general conditions of sale are 
governed by French law. All disputes likely to arise between the parties 
pursuant to these contracts, even in case of third-party claims or multiple 
defendants, will, by express agreement, be subject to the exclusive competence of 
the Commercial Court with jurisdiction over the head office of MASTRAD SA.

 

Article 12: DATA PROCESSING AND FREEDOMS
In accordance with the provisions of law 78.17 of January 6, 1978, the buyer may 
obtain disclosure of the personal information collected at the time of the order and, where applicable, request its rectification by written request sent to the address of the head office of MASTRAD SA. * applicable in France and Metropolitan France.