These General Conditions of Sale exclusively govern the commercial relations between SARL COM FORM, under French law whose head office is 44 rue du 4 August 1789 69100 VILLEURBANNE, France (hereinafter referred to as "ULTIMATE GROUP") and its Clients ( referred to herein as "the Customer"). All orders placed with ULTIMATE GROUP will be automatically subject to these Terms and Conditions. The fact of placing an order implies full and complete acceptance of the Customer to these General Terms and Conditions of Sale and will prevail over any other version and the Customer's own purchasing or other conditions. Thus, the General Terms and Conditions of Sale described below detail the rights and obligations of the parties in connection with the sale of the Products / LED Lighting visible on the website of the ULTIMATE GROUP: www.ultimateled.fr
Orders must be confirmed in writing by means of a purchase order duly signed by the Customer. Sales are perfect only after express acceptance in writing of the Customer's order, by ULTIMATE GROUP, which will ensure, in particular, the availability of the requested products, materialized by a written confirmation (acceptance on the order form of the Customer , electronic mail or other) of taking into account the order of said Customer. Any changes requested by the Customer can not be taken into account, within the limits of the possibilities of ULTIMATE GROUP and in its sole discretion, if they are notified in writing at least three (3) days before the scheduled date of delivery, after signature by the Customer of a new specific order form and possible adjustment of the price. If a deposit is paid by the Customer to the order: In case of cancellation of the order by the Customer after acceptance byULTIMATE GROUP, for any reason except force majeure, the deposit paid to the order, as defined in the article "Terms of payment" below, will be automatically acquired at ULTIMATE GROUPet and may not give rise to any refund. If no deposit has been paid by the Customer to the order: In the event of cancellation of the order by the Customer after its acceptance by ULTIMATE GROUP, for any reason except force majeure, a sum corresponding to 40% the total invoice will be vested in ULTIMATE GROUP, as damages, as compensation for the damage thus suffered.
The prices of the Products sold are those in force on the day of the order taking. They are denominated in € uros and calculated without taxes. Consequently, they will be increased by the applicable VAT rate according to the tax provisions in force, any shipping costs applicable on the day of the order, any customs fees and possible insurance which are borne by the Customer. ULTIMATE GROUP grants the right to modify its rates at any time. However, ULTIMATE GROUP undertakes to invoice the Products ordered at the prices indicated when the order is registered. Special pricing conditions may be applied according to the specificities requested by the Customer concerning, in particular, the terms and delivery times, or the deadlines and terms of payment. A special commercial offer will then be sent to the Customer by ULTIMATE GROUP.
The Customer may benefit from discounts, rebates and discounts included in the rates of the Tultimate Group, depending on the quantities acquired or delivered by the latter in one go and one place, or the regularity of his orders.
No discount will be granted in case of advance payment.
The payment of the orders is carried out either by bank check or postal, or by transfer or cb. Invoices are payable in cash. In case of cash payment on delivery: The price is payable in cash, in full on the day of delivery of the Products under the conditions defined in the article "Delivery" below and as indicated on the invoice given to the Customer. In case of payment of a deposit on the order: A deposit corresponding to a minimum of 15% of the total purchase price of the aforementioned Products is required when placing the order.The balance of the price is payable in cash, at day of delivery, under the conditions defined in the article "Deliveries" below. ULTIMATE GROUP will not be obliged to proceed with the delivery of the Products ordered by the Customer if it does not pay the price under the conditions and in the manner indicated above. In no case may the payment be suspended or be the subject of any compensation.
In the event of delay and / or total or partial non-payment of the Products delivered on the day of receipt, the Customer must pay ULTIMATE GROUP a late 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 Products. This penalty is calculated on the amount inclusive of the sum remaining due, and runs from the due date of the price without any prior notice being required. In addition to the late payment, any sum, including the deposit, not paid on its due date will automatically generate, without a reminder, the payment of a lump sum compensation of 40 € uros due to the the cost of recovery and the payment by the Customer, in accordance with Articles 1226, 1279 and 2047 (penalty clause) of the Civil Code of compensation equal to 15% of the amount of the claim inclusive of a lump sum of 400 € uros by claim.
If within 15 days of the implementation of Article 7 "Delay of payment "hereof, the Customer has not paid the sums remaining due, the sale will be resolved automatically and may be entitled to compensation for damages to ULTIMATE GROUP
Any dispute or complaint concerning the invoices sent by ULTIMATE GROUP to the Customer can, in any case, be examined by ULTIMATE GROUP only if it is carried out by registered mail with AR within five (5) days of receipt of the contested invoice .
ULTIMATE GROUP retains ownership of the goods sold until the full payment of the price, in principal and accessories, delivery being understood by the material delivery of the Products. As such, if the Customer is the subject of a reorganization or liquidation, ULTIMATE GROUP reserves the right to claim, in the context of the collective procedure, Products sold and remained unpaid.
The delivery is made: either by the direct delivery of the Products to the Customer, or by sending a notice of provision in store to the attention of the Customer, or the place indicated by the Customer on the order form. The delivery time indicated during the registration of the order is given for information only and is not guaranteed. Consequently, any reasonable delay in the delivery of the Products will not be able to give rise to the Customer's benefit for the award of damages and / or cancellation of the order. However, ULTIMATE GROUP will inform the Customer of any possible delay in writing (e-mail or post, fax). When the Products are delivered directly to the Customer, the Customer is required to check the apparent condition of the Products upon delivery. In the absence of reservations expressly made by the Customer upon delivery, the Products delivered by ULTIMATE GROUP shall be deemed to conform in quantity and quality to the order. The Customer will have a period of five (5) days from the delivery and receipt of the products ordered to issue, in writing, such reserves to the ULTIMATE GROUP. No claim can be validly accepted in case of non compliance with these formalities by the Customer. ULTIMATE GROUP will replace as soon as possible and at its expense, the delivered products whose lack of conformity has been duly proven by the Customer. When the need for transport to make the delivery, its cost is the responsibility of the Customer.
The risk of transport is borne entirely by the Customer. In case of missing or damaged Products during the transport, the Customer will make all the necessary reservations on the delivery note upon receipt of said Products and will inform ULTIMATE GROUP. The Customer must exercise the possible recourse against the carrier. The Customer acknowledges that it is the carrier who is responsible for the delivery, ULTIMATE GROUP deemed to have fulfilled its delivery obligation as soon as it has delivered the Products sold to the carrier who accepted them without reservation. The Customer therefore has no recourse against the charger, even ULTIMATE GROUP in the event of failure to deliver the Products transported. Products delivered by ULTIMATE GROUP will be deemed to comply with the quantity and quality of the order. In case of direct delivery byULTIMATE GROUP, the Customer must report the damage or defect to the deliveryman and make all the necessary reservations on the receipt upon receipt of said Products. In addition, these reservations must be confirmed in writing within five (5) days from delivery and receipt of the Products ordered, by registered mail addressed to the ULTIMATE GROUP headquarters. No claim can be validly accepted in case of non compliance with these formalities by the Customer. ULTIMATE GROUP will replace as soon as possible and at its expense, the Products delivered if the fault of ULTIMATE GROUP in the transport has been duly proven by the Customer. Otherwise, the products delivered by ULTIMATE GROUP will be deemed to comply in quantity and quality with the order.
The Products delivered by ULTIMATE GROUP benefit from a guarantee of a duration of two (2) years from the date of delivery, covering the nonconformity of the products to the order and any defect hidden, resulting from a defect of material , design or manufacturing affecting the delivered Products and rendering them unfit for use. This warranty is limited to the replacement or refund of non-conforming or defective Products. Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as in case of normal wear of the good or force majeure. In order to assert his rights, the Customer shall, under pain of forfeiture of any action relating thereto, inform ULTIMATE GROUP, in writing, of the existence of the defects within a maximum period of ten (10) days from their date. discovery. ULTIMATE GROUP will replace or have repaired Products or parts under warranty deemed defective. This guarantee also covers labor costs. The replacement of the defective Products or parts will not have the effect of extending the duration of the above warranty.
The responsibility of ULTIMATE GROUP can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these General Conditions of Sale arises from a case of force majeure. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the Civil Code.
If one or more stipulations of the present ones are held for invalid or declared as such under a law, a regulation where following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
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 agreement, the only jurisdiction recognized and accepted by the parties is the Lyon court (69) notwithstanding the plurality of defendants or the guarantee, even for emergency procedures or conservatory proceedings, in summary or by motion.
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