General Terms and Conditions of Sale
1- Application of the general terms and conditions
Placing an order implies full and unreserved acceptance of these General Terms and Conditions of Sale. These may not be modified by provisions to the contrary which may appear on the purchaser’s order forms or in its General Conditions.
When a quote is established by the vendor, it represents special conditions that may modify or supplement these general terms and conditions.
2- Price
We charge for our goods and products based on the price and conditions applicable on the day of delivery.
The prices and information given on the online store and various other documents are for information only. They only commit the company after acceptance of the order form.
3- Order taking
The customer is definitively committed as soon as a written or online order is issued. If a deposit or advance payment has been agreed, the vendor is only definitively committed after full receipt and collection of the payment.
An order can only be validated by the vendor if the customer is up to date with payment of their previous order.
4- Delivery - Lead times
Delivery is made, either through direct collection by the purchaser or by handing over to a carrier on our premises. Our products are supplied in their original packaging.
Average delivery times are three weeks from receipt of the order. We do not accept any late delivery penalties unless the principle has been agreed to in writing.
5- Transport - Damage
In case of delay for which the buyer is responsible, our company has the right to deliver the goods at the risk and expense of the buyer who is, in all cases, bound to accept partial deliveries.
You must be present to receive the goods and have provided a delivery contact (name, mobile phone and landline).
In case of damage or failure to meet the delivery dates, and to claim our respective rights, it is imperative to date and clearly and accurately specify the damage found on the delivery slip in the presence of the carrier. When damage is discovered, you should inform us by email at contact@forgelec.com.
6- Late payment
In accordance with articles L 441-6 paragraph 3 and L441-3 paragraph 3 of the French Code of Commerce, any late payment could give rise to the application of a late penalty equal to four times the legal interest rate in force on the due date.
7- Retention of ownership
The vendor retains ownership of the products, wherever they may be located, until full payment of the amounts due.
All complaints must be made within a maximum period of eight days from receipt of the goods. Exceptions shall only be made to this rule in the event of a hidden defect whereupon this period shall be extended to three months.
If the buyer transforms or adapts the goods delivered, the buyer shall lose all their rights to claim other than those resulting from hidden defects.
The above reservations shall be subject to substantiated correspondence with acknowledgement of receipt.
Claims shall have no suspensive effect on the payment obligations of the buyer who does not have, under any circumstances, the right to terminate the contract.
All plans, drawings, projects, all circulars are without commitment. This documentation is our sole property and may not, under any circumstances or for any reason whatsoever, be copied and used by a third party.
8- Brand and Models - counterfeiting
Our products are patented in Europe and the United States. As a reminder, counterfeiting is punishable by a fine and up to 3 years imprisonment.
FORGELEC is a registered trademark and therefore our products are only sold and resold under this name and original trademark. All images or photos shown in a distributor’s catalogue or website presenting our products must mention the FORGELEC trademark.
The repackaging of our products is not authorised, even in case of market exclusivity to a given country or sector.
9- Competent court
Any dispute relating to the formation or fulfilment of an order, even delivered outside of France, shall fall exclusively under the authority of the Tribunal de Commerce (court dealing with trade disputes) of ANGERS even in the event of the introduction of third parties or several defendants.
SPECIAL CONDITIONS FOR EXPORT
The General Terms and Conditions of Sale set out above apply to all business that export.
The special conditions below also apply:
A – Payment shall be considered effective when our bank has been credited the equivalent amount of the goods exported.
B – For transportation, our company shall choose the shortest route, but we reserve the right to send the goods via any route without prior notice of this.
The transport costs shall be borne by the buyer. We shall entrust transportation to an approved company of our choice, unless otherwise stated.
C – In cases where the export of goods is subject to a confirmed order and requires an import licence, the buyer has a duty to obtain this licence, like any other document required, one month prior to the date scheduled for fulfilment in order to ensure fulfilment of the order.
D – If the goods have not been paid for by the buyer they may not be handed over to third parties without our written consent and similarly may not be pledged or deposited as a security. Goods exported by our company may only be used or consumed in the countries specified in the confirmed order form or in the sales contract, neither the buyer nor their legal claimants may sell or directly or indirectly use the goods in a country without our written agreement.
E – The buyer shall, in all cases, indicate their banking information on the order form or sales contract, and shall agree to the bill of exchange, promissory note or documentary bill which will be presented by us and returned within 48 hours of it being sent.
F – All disputes originating from exportation shall be submitted to the arbitral tribunal at the International Chamber of Commerce in Paris, only French law being applicable.
In cases where the arbitration tribunal is not able to legitimately deal with the dispute, the Tribunal de Commerce (court dealing with trade disputes) of ANGERS shall have sole jurisdiction.