Terms of Sales
These conditions of sale aim to define the contractual relations between the representatives of ARMAD SAS and the buyer. The acquisition of a good implies unreserved acceptance by the buyer of these general conditions of sale.
Clause n ° 1: Purpose
The general conditions of sale described below detail the rights and obligations of ARMAD SAS and its client in connection with the sale of goods presented on the website www.shop.tongasoa-artisanal.com.
Any service performed by ARMAD SAS therefore implies the buyer's unreserved acceptance of these general conditions of sale.
Clause n ° 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
ARMAD SAS grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n ° 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company ARMAD SAS would be required to grant given its results or the assumption by the buyer of certain services.
Clause n ° 4: Discount
No discount will be granted in the event of early payment.
Clause n ° 5: Terms of payment
Payment for the order is made by check or bank transfer. Regarding payment by check, it must be issued in euros by a bank domiciled in France. The goods remain the exclusive property of ARMAD SAS until their full payment.
Clause n ° 6: Late payment
In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay ARMAD SAS a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods. As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014 ).
This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-6, paragraph 12 and D. 441-5 of the Commercial Code.
Clause n ° 7: Termination clause
If within the fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of the company ARMAD SAS.
Clause n ° 8: Retention of title clause
ARMAD SAS retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or judicial liquidation, the company ARMAD SAS reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Delivery
Delivery is made:
either by direct delivery of the goods to the buyer;
either by sending a notice of availability in store for the attention of the buyer;
or at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given only as an indication and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer's benefit to:
the award of damages;
the cancellation of the order.
The risk of transport is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post.
Clause n ° 10: Force majeure
The responsibility of the company ARMAD SAS cannot be implemented if the non-performance or the delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n ° 11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Béziers Commercial Court.