General Terms of Sales
For Hotel Industry :
In placing an order, the Fixacouette customer fully accepts the clauses contained in these terms of sale and agrees to respect them. The customer thereby expressly waives all contradictory terms or conditions that may appear in its own terms of sale or commercial documents.
In the absence of notification from the buyer within eight (8) days upon receipt of confirmation, the order is considered definitively accepted. Delivery information is given for informational purposes only and we only accept cancellations for late delivery following formal notice by registered letter with return receipt requested, granting us 15 days for shipping. Such delay does not give right to compensation.
1 – Shipping :
Goods travel at the risk of the recipient even if they are shipped free of charge.
2 – Returns and exchanges :
All claims must be made within eight (8) days following receipt of the goods and all returns that do not meet this requirement may be refused. If for reasons beyond our control, goods present an apparent or hidden defect in their manufacture, this must be brought to our attention at delivery for apparent defects, or upon discovery of the hidden defect. To benefit from these provisions, the client must alert Fixacouette in writing without delay of the claimed defects to the goods. Claims for hidden or apparent defects must include samples of the defective products. In all cases, the liability of Fixacouette is limited to the replacement of the defective goods and shall not include any compensation, damages, interest or fees of any kind.
3 – Retention of title :
All sales of goods are made with retention of title. As a result, the transfer to the buyer of title to the merchandise is suspended until payment has been made in full. If payment is made by check or bill of exchange, payment is considered made when the check or bill is actually cashed. The risks are borne by the buyer upon delivery of the goods sold under retention of title. The buyer must ensure the conservation of the goods at his own expense and risk. The goods remain our property until payment has been made in full (Article L.621-122 of the French Commercial Code).
4 – Payment terms :
Our supplies are payable to the registered office of the company regardless of the place of delivery. Bills of exchange or other payment methods shall not constitute a novation or derogation from this clause stipulating payment to the registered office of the company. The payment period is from the invoice date, not the date the goods are received by the buyer.
5 – Penalty :
After the due date period established by our general terms of sale, interest for late payment of 3% per month will be applied to all invoices remaining unpaid after 60 days from their date of issue.
6 – Performance of the sales agreement :
The Tribunal de Commerce de Nanterre shall have exclusive jurisdiction over any dispute concerning the performance of the sales agreement. No exceptions may be made to this jurisdiction clause regardless of the method of payment or delivery, and even in the case of appeal or multiple defendants.