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Tropical Leaves

~ General Conditions of Sale ~

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EXTRACT FROM THE GENERAL CONDITIONS OF SALE - SIREN N ° 842 347 551

 

Article 1 - Orders, delivery times, cancellation, complaints

 

Any order for a service, creations, supplies or other products sent by telex, fax, telephone or e-mail, must be confirmed or regularized by sending an order form. The delivery time of an order starts from the signing of the order form or from the payment of the deposit if this is the case.
This period is given only as an indication and without guarantee: delivery delays do not give the customer the right to cancel the sale or to refuse the goods. They cannot give rise to withholding, compensation, penalties or damages. Any changes in the characteristics of products, supplies and services may, at any time without notice, be made by our company without giving rise to a customer complaint or cancellation of the order. Neither our company nor the manufacturers or other intermediaries are bound by the specifications appearing on the leaflets, brochures or catalog or by the exhibition or demonstration models.

Our company has the option to cancel, at any time, all or part of the said order, due to unforeseeable circumstances or force majeure, on condition that it notify the customer by registered letter with acknowledgment of receipt, this cancellation cannot in any case give rise to any damages or indemnities.

In the event of a change in the client's situation, in particular in the event of dissolution, contractual liquidation, judicial reorganization or liquidation, personal bankruptcy, over-indebtedness or collapse, mortgage, collateral and more generally any other circumstance affecting his capacity, his assets or to its solvency, our company reserves the right even after partial execution of an order or a service to require guarantees and sureties or to cancel the orders and contracts in progress.

For the customer who is a natural person, no complaint for any reason whatsoever, except those relating to hidden defects, will be accepted if it is not notified to the address indicated by our company within eight days of receipt of the goods. or service, by registered letter with acknowledgment of receipt, in the event that delivery is made by a carrier, the customer must notify the carrier by registered mail with acknowledgment of receipt to the carrier if this is the case of his reasoned protest, within three days of the receipt of the goods (not including public holidays). A copy of this letter must be sent the same day to our company.

 

Article 2 - Retention of title, transfer of property, studies and projects

 

Our company retains full ownership of the goods covered by the contract until full payment of the principal price and interest. In the absence of payment of the price on the agreed date, our company may take back the goods, the sale will be automatically terminated if our company sees fit and the down payments already paid will remain acquired, in return for the enjoyment of the goods for which will have benefited the customer. From the date of delivery, the date on which the transfer of custody takes place, the customer assumes responsibility for any damage that his goods may suffer or cause, for any reason whatsoever. However, when the goods travel by means of a carrier, the transport takes place at the risk and peril of the customer. Any costs of packaging, transport, movement, installation, vacation, taxes and various duties, are the responsibility of the customer. In the event of refusal of the goods by the recipient, as in the event of default by the latter for any reason whatsoever, the return costs will be added to the debt of our company.

Our company fully retains the intellectual property and all industrial exploitation, of its projects, studies and documents, which cannot be communicated or carried out without written authorization. They must be returned to him at his request. These are provided free of charge, if they are followed by the order to which they are the subject; Otherwise, it is due to our company, the reimbursement of its study and travel expenses.

 

Article 3 - Financing, price conditions, payment

 

In the event of a sale on credit, said sale is governed by the provisions of the law of 10/01/1978, which are included in the form for the prior credit offer, signed concomitantly with the home sale contract.

Our prices are given only as an indication, they can be modified in the event of change of the fiscal or economic data (conditions of the suppliers ...). The price modification does not authorize the customer to cancel his order, the price in force on the day of the order constituting the applicable price. Invoices are payable in full and in cash to the address indicated by our company, the bills or acceptances of deferred payment are neither motivation nor derogation from the other clauses present; Our products and services are subject to VAT at the normal or reduced rate, if in the latter case, the conditions of application of instruction 3C-5-99 of September 14, 1999 are met, and during the period of application of said instruction. In the event that the reduced rate turns out to have been applied wrongly, the customer expressly accepts that an additional price will be invoiced to him. Payment in advance of the contractual due date (special conditions) will not entitle the customer to any discount; Except in the contractual case of non-applicable VAT - Article 293.B of the CGI.

By express agreement, the failure to pay upon receipt of the invoice where its exact deadline will automatically entail, after sending a formal notice and if it sees fit:

  • The suspension of services and or deliveries of goods from our company.

  • The immediate payability of all remaining sums due, regardless of the agreed method of payment.

  • The liability of the debtor for all costs and fees for amicable or judicial recovery.

  • The return of the goods at the expense of the customer until execution by the latter of all of its commitments.

  • After formal notice, sent by registered mail with acknowledgment of receipt, the liability of a fixed and irreducible contractual penalty equal to fifteen percent of the sums due with a minimum of seventy-six euros, in addition to the interest calculated at a rate equal to 1 , 5 x the legal rate. RIB / BANQUE AB - MISS BON ANGÉLIQUE - CAISSE D'ÉPARGNE BIC: CEPAFRPP382 - IBAN: FR76 1382 5002 0004 5457 0776 435.

 

Article 4 - Obligations of the client

 

The client must:

 

  • Check the quality, quantity, references of the goods and their conformity with the order upon delivery; No complaints are taken into account if they are sent by registered letter with acknowledgment of receipt beyond a period of three working days from delivery. In the event that delivery is made by a carrier and that the latter calls for reservations on his part, the customer must within the aforementioned period notify by registered letter with acknowledgment of receipt to the carrier, if this is the case his reasoned protest . A copy of this letter must be sent the same day to our company.

  • Respect the indications and prescriptions of our company and of the manufacturers, as for the use, the conservation, the maintenance, the recharging and the protection of the aforesaid products.

  • Require the Artist, representatives, or any other possible subcontractors of our company, the only ones accredited to visit customers, the presentation of their valid service card and prohibit any intervention outside our company for some reasons that whether on products sold or maintained.

  • Assist himself or, where appropriate, delegate his staff to assist with goods control operations, ensure compliance with the rules in force, sign the corresponding vouchers, thus certifying their correct execution. Also comply with the obligations of his insurance policy.

  • Do not make any intentional or involuntary modifications or deteriorations on the products sold or maintained, any modifications at the request of the customer after the order will be invoiced.

  • Inform our company as soon as possible of any use or deterioration of products sold or maintained, in order to carry out a general audit by our company and allow it to advise accordingly.

  • In the event that the customer does not comply with the obligations resulting from the present, the responsibility of our company can neither be engaged, nor sought, except application for the consumer or the non-professional of the legal guarantee of the latent defects, in accordance with with the provisions of article 1641 and following of the civil code.

 

Article 5 - Liability, right of retention

 

The responsibility of our company, can not be sought or engaged, in any capacity whatsoever, if it is not duly established by the customer that the product in question was used in good time, in accordance with the instructions for use or protection of said product, in any case, that the product or service conforms in this matter.

Fortuitous events and force majeure allow our company to cancel or postpone all or part of the orders and contracts, the execution of which has been prevented or suspended by its actions. These events release our company from the obligations resulting from the present and exonerate it from any responsibility; In particular, is considered a case of force majeure, any event beyond the control of our company hindering its operation at the normal stage of manufacture or shipment of products and in particular total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers as well as the interruption of transport, supplies of energy, raw materials or parts and in the event of force majeure resulting from a pandemic.

Our company has on all the equipment which is entrusted to it by the customer for maintenance, alterations, repair or any other operation, a right of retention and preferably in guarantee of all its receivables, even born in connection with previous operations or foreign to the retained product.


Article 6 - Guarantees - Reservation / Option on product


The goods / service having, in a recognized manner, a lack of conformity, which was notified by registered letter with acknowledgment of receipt, within 3 days (public holidays not included), from the delivery, made the subject to replacement or repair, excluding any compensation whatsoever. In the event of a material defect or hidden defects, our liability is limited to the outright replacement of the incriminated goods without damage of any kind. Our company reserves the right to cancel the order and to keep all the sums paid, in the event of default by the customer on his monthly commitment on the payment facility possibly defined by this present and the immediate payability of all the remaining sums due, whatever the agreed method of payment, thereby canceling any reservation.   


Article 7 - Claims


In the event of failure of a product delivered or maintained by our company, subject of this contract, having had damaging consequences, the customer is obliged, on pain of forfeiture of his rights, to notify our company in a 7 working days, by registered letter with acknowledgment of receipt, so as to place the defective product under seal, which the customer expressly accepts in advance.


Article 8 - Jurisdiction, applicable law


In the event of a dispute, the Grenoble Commercial Court will have sole jurisdiction notwithstanding any clauses to the contrary, even if there is a plurality of defenders in call for a guarantee, payment by check not constituting an exemption from attribution. All sales and / or services are subject to French law. In the event of a dispute over this Article 10, the customer benefiting from the protective provisions of Law 93-949 of 07/26/1993, can apply free of charge to the Joint Commission for the Mediation of Direct Selling, registered as a professional union under the n ° 15514 from the Paris City Hall, located at the CPMVD, 1, Rue Emmanuel Chauvière 75015 PARIS.

Article 9 - Other general conditions


Any modification to the present must be expressly accepted by our company to be opposable to him. By express agreement, these general conditions cancel and replace all previous de facto or legal agreements and all other general conditions of the customer. When a subscription or maintenance contract has been taken out, the provisions stipulated in the latter and these general conditions will form the law of the parties. In the event of any contradiction between these general conditions and those of a subscription or maintenance contract, the latter will apply.

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