These general terms and conditions of sale (T&Cs) supersede any previous agreement between Groupe Mulliez-Flory (the Seller) and its client (the Buyer), except for any special terms stated on the contract.
The Buyer confirms having read and agreed to the T&Cs.
Any amendment to this document must be expressly agreed to in writing. These T&Cs apply to all transactions performed by Groupe Mulliez-Flory and to all orders taken by our agents and representatives. By placing an order, the Buyer is deemed to have unconditionally and entirely agreed to these T&Cs, which supersede all other documents such as a prospectus or catalogue issued by the Seller and which are only provided as a general guide.

ORDER PLACEMENT

All orders submitted to the Seller and confirmed by us are deemed to be binding, regardless of whether or not a deposit has been paid. The Seller is only bound by orders that have been confirmed in writing, with a signature, or by products being shipped.

PRICE

Unless otherwise stated, all prices are exclusive of tax and, for goods delivered outside France, exclusive of any local duties. Except for confirmed prices and/or subject to the conditions of special deals and current marketing offers, prices shown on our price lists and proposals may be reviewed without prior notice, due to economic developments.

TIMEFRAME

While we strive to deliver on time, the delivery timeframes stated on orders are only given as an indication. Any delivery delays cannot give rise to the order being cancelled or any compensation being paid.
In any case, delivery within the timeframe can only occur if the Buyer has completed their obligations to the Seller, whatever those may be.
The Seller is released from its delivery obligations in the event of any unforeseeable circumstances or force majeure event. Force majeure events releasing the Seller from its delivery obligations include: war, riot, fire, strike, accident, and being unable to get its own supplies.

DELIVERY LOCATION AND SHIPPING

Including for carriage paid or payable deliveries, goods are always shipped at the Buyer’s risk from the time the goods leave the Seller’s warehouses, if the Buyer does not explicitly note any concerns immediately upon delivery.

COMPLAINTS AND RETURNS

Parcels must immediately be checked upon delivery. Any anomalies, damage or missing goods must be recorded on the delivery slip in as much detail as possible and confirmed to the carrier within two (2) days by registered mail with confirmation of receipt. We must also be notified of the issue at the same time.

PRODUCT COMPLIANCE

We only guarantee the conformity of our products with specifications, supplied samples or any other stated characteristics/dimensions within normal tolerances.
For specially manufactured products, the ordered and confirmed quantities are indicative only. The delivered and invoiced quantities may vary by plus or minus 10%.
The goods must be checked upon delivery and any anomalies notified immediately, before any processing of the goods.
No complaints will be accepted more than eight (8) days after delivery. The Buyer is responsible for providing all proof of the faults or anomalies found. The Buyer must allow the Seller to assess those faults itself and provide a remedy. As such, the Buyer will refrain from attempting to remedy the fault/anomaly or have that work done by a third party. No returns will be accepted without the Seller’s prior approval, which will only be given for a justified, verified complaint.
Any product returned without the Seller’s agreement will be held for the Buyer to collect and will not give rise to any credit note. In the event of any anomalies or damage to delivered products, as duly confirmed by the Seller under the terms stated above, the Buyer may be given a free replacement or be reimbursed for the product, as decided by the Seller, without any compensation or damages payable on our part. The Buyer remains responsible for the risks and cost of the return shipment.

PAYMENT

Our goods are payable to SEVREMOINE - 49710, unless otherwise stated. Unless otherwise stated in the contract, our invoices are payable 30 days End of Month by bank transfer.
For new accounts, or when no safeguards are provided, payment may be required upon collection.
Late payment will result in a fixed penalty fee being applied for debt collection, of €40 minimum per invoice (Article D441-5 of the French Commercial Code).
Any late payment of an invoice will result in interest being charged from the invoice due date (10% per annum). Furthermore, the Buyer must reimburse all costs incurred in recovering the outstanding amounts, including legal fees.
Additionally, in the event of a late payment all other invoices, including any not yet due, will immediately fall due and all current orders may be cancelled at our discretion.
The Seller reserves the right, at any time and depending on the risks involved, to set an overdraft limit for each Buyer and require certain payment timeframes or safeguards.
Any discount for early or cash payment will be calculated at the interbank rate plus one (1) point, in return for the payable sums being provided in a shorter timeframe. The Buyer is responsible for subsequently reducing the tax-deductible VAT amount.

STORED GOODS

When ownership of the goods has been transferred to the Buyer, and the goods are available to them but remain in our warehouses, the Buyer is liable for those stored goods. The Buyer must therefore insure them against any damage caused by fire or other event.

RETENTION OF OWNERSHIP

The Seller retains ownership of the goods until the full price has been paid. The risks relating to the goods are transferred to the Buyer as soon as the goods are made available to the Buyer, including in the event of carriage paid or payable deliveries. Therefore, the Buyer has sole liability and must take all relevant protective measures. The French law 80.335 of 12 May 1980 applies in full to the goods discussed in this document.

BRANDS AND DRAWINGS

All drawings, brands and models supplied by us, even as samples, remain our sole property and any copy or forgery will be prosecuted.
We can only reproduce, at the Buyer’s request, drawings, brands and models that are not protected by copyright or for which the Buyer holds ownership or enjoys rights.
In no event can we be held liable for any legal proceedings taken against the creation of specific models at the Buyer’s request.

JURISDICTION

When a matter must be brought before a court, the Grenoble Court of Commerce holds sole jurisdiction.