TERMS OF SALE
Any order is subjected to the express acceptance of the present conditions of sale:
The photographic documents, specifications and catalogues are handed as an indication and are not contractual.
With a view to constantly improving the quality of our products, and without prior notice, we reserve the possibility to make any necessary change. Some of our products are made with completely natural components and handcrafted, and consequently are subjected to variations of size, aspect and color. Placing an order of these products implicates an acceptation of these variations.
Our prices are indicated exclusive of tax and bear a VAT according to the legal rate in force, for returned delivery or against refund.
a) Confirmation of order: The pro forma invoice or the invoice sent to the customer will be considered as a confirmation. If there is no modification or cancellation within 8 days from the date of issue, that confirmation will be worth the customer’s consent. After crossing this timeframe, MUSKHANE is not obliged to accept a modification, refusal or a partial or total cancellation of the order. In the case when MUSKHANE accepts a partial or total cancellation of the order, it automatically leads to the payment of a penalty of 30% of the concerned total order exclusive of tax.
b) Purchase order: The minimum order is 600 euros.
c) The minimum amount for a replacement is 500 euros, the payment is due before shipment.
d) Delay of payment: The due date in itself is tantamount to a formal notice. If the date of payment given is not respected, the debtor will have to pay to MUSKHANE a penalty fee for late payment equal to 10 times the legal interest rate of EBC (European bank). The interest will be calculated on the base of the total remaining amount, including VAT, and from the date of payment initially given without necessary prior demand. Besides this penalty fee, the debtor will also have to pay an inclusive indemnity for levy expenses of 40€ minimum. If levy expenses are not covered with this minimum amount, a complementary indemnity will have to be paid by the debtor, in order to cover real expenses.
The non-payment of any due sum will by rights lead to the immediate payability of the entire balance of the concerned invoice, as well as balances of all any other invoices; in addition to that, the vendor will have the right to cancel all the orders under way.
The delivery period is given as an indication and is not contractual. Any delay would not lead to the cancellation of the order, nor give the right for penalties, indemnities or damages and interest.
For a delivery in France, for an order above 1 200 euros HT, the delivery is Franco. For a delivery in EU, above 1 600 euros HT, the delivery is DDU. For a delivery in Asia or North America, above 7 000 HT, the delivery is CPT airport.
4. Return of goods
Any return of goods shall not be made without our written consent, this consent not implicating any acknowledgement on behalf of MUSKHANE, only our credit note will be the proof of acceptance. The amount of return goods can be deduced from payments only after receipt of the credit note we issue. Any non-authorized return of goods will be refused or eventually will be taken in our showroom at the disposition of the sender, without any transfer of property to our profit.
The complaints concerning the apparent defects of our products should reach us in writing by registered mail within 8 days from delivery. The recipient being required to verify his goods at the time of receipt, the complaints concerning the hidden defects should reach us in the aforementioned timeframe. In case of damage or missing products, it requires the recipient to make all the necessary statements and confirm its reservations by extra judicial process or by registered letter with acknowledgement of receipt to the carrier within 8 days after receiving the goods.
6. Share of ownership
By mutual agreement between the vendor and the purchaser, the transfer of the ownership of the goods to the purchaser is deferred until the complete payment. Unless the payment of a small proportion of the price is paid, the vendor will be able to take them back from the purchaser without any other formality. In the event of judicial recovery of the purchaser, the vendor will be able to claim them following the conditions of the articles 121 and 122 of the law of 25th January 1985. Only he should invoke the clauses of the present contract, stipulated as a guarantee in his exclusive interest. On no account should the purchaser cite them to force the vendor to take the unpaid goods back.
The goods taken back will be modified by applied outdated state ratio of 30%, if need be, to already made down payments.
7. Presentation of the articles
The purchaser must respect the presentation of the articles delivered to him: he undertakes to retail them under their initial forms of packaging; he shall not withdraw the brand stamped on them, nor add others. He undertakes as well to retail them in the shop whose name appears on the order form, to the exclusion of any other, unless prior express and written consent given. Any breach of the clauses of this article can lead to the termination of the orders under way, seizure of the goods involved in litigation, damages and interest for the caused prejudice.
8. Attribution of jurisdiction
In the event of litigation, only the Commercial Court of Annecy is qualified. In the event of international transaction, only the French law and the French language are applicable, and only the court of Annecy is qualified.
Payment by commercial bill does not modify this attribution of competence.
MUSKHANE SARL,15 faubourg des Balmettes 74000 Annecy - Tél: 00 33 (0) 4 56 71 29 19 - Email : email@example.com
Sarl au capital de 10 000 € - RCS Paris B443 644 166