Terms and conditions of sale
Clause no. 1: Purpose and scope of application
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The present general terms and conditions of sale (GTCS) constitute the basis of the commercial negotiation and are systematically sent or given to each purchaser to enable him to place an order.
The general terms and conditions of sale described below detail the rights and obligations of VANDECOM and its customer in connection with the sale of its services.
Any acceptance of the quotation/order form, including the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale", implies the buyer's unreserved acceptance of these general terms and conditions of sale.
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Clause 2: Prices
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The prices of goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
VANDECOM reserves the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the order is registered.
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Clause n° 3 : Discounts and rebates
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The prices quoted include any discounts and rebates that VANDECOMmay grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.
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Clause no. 4: Discount
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No discount will be granted for early payment.
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Clause 5: Terms of payment
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Payment for orders must be made :
by credit card ;
by bank transfer
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Clause 6: Late payment
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In the event of total or partial non-payment of services delivered on the due date, the purchaser must pay VANDECOM a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day of delivery of the services.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum outstanding, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 euros to cover collection costs.
Articles 441-10 and D. 441-5 of the USA Commercial Code.
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Clause 7: Resolutory clause
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If, within fifteen days of the implementation of the "Late payment" clause, the purchaser has not paid the sums still due, the sale will be cancelled by operation of law and may give rise to a claim for damages against VANDECOM.
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Clause no. 8: Retention of title clause
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VANDECOM retains ownership of the goods sold until full payment of the price, in principal and in accessories. For this reason, if the purchaser is the subject of a recovery or a legal liquidation, the company VANDECOM reserves the right to claim, within the framework of the collective procedure, the sold goods and remained unpaid.
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Clause n° 9 : Delivery
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Delivery is made :
either by handing over the goods directly to the purchaser ;
by sending a notice to the purchaser that the goods are available in the warehouse;
by depositing the goods at the location indicated by the purchaser on the order form.
The delivery time indicated on the order form is given as an indication only and is not guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the purchaser to :
compensation for damages ;
cancellation of the order.
Transport risk is borne entirely by the purchaser.
In the event of missing or damaged goods in transit, the purchaser must make all 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 letter with acknowledgement of receipt addressed to the company.
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Clause 10: Force majeure
VANDECOM cannot be held responsible if the non-execution or delay in the execution of one of its obligations described in the present general sales conditions results from a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the USACivil Code.
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Clause 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to USA law.
Failing amicable resolution, the dispute will be referred to the Commercial Court.