French Kits - General conditions - PRO area

Article 1 – General – Definition.

The purpose of these general conditions is to define the methods of execution and the conditions under which sales of goods ("the Goods") are concluded between INFOCREA COMMUNICATION SARL and its customers ("the Customer") and are binding throughout the duration of their contractual relationship. Any order implies the unreserved acceptance of these general conditions and no special condition not provided for herein may, unless written acceptance by INFOCREA COMMUNICATION SARL, be opposed by the Customer.

Article 2 – Orders.

(i) A Customer's orders taken by representatives or employees of INFOCREA COMMUNICATION SARL are binding and final only subject to written and signed confirmation (paper or digitally) by the latter. These provisions are taken only in the exclusive interest of INFOCREA COMMUNICATION SARL, which may thus waive its right to take advantage of them. Any modification or cancellation of the order requested by the Customer can only be taken into consideration if it is received in writing before the shipment of the Goods and subject to the express agreement of INFOCREA COMMUNICATION SARL.

(ii) Any sample of Goods delivered to the Customer which has not been returned within forty-eight (48) hours following the first written request to that effect from INFOCREA COMMUNICATION SARL, will be subject to invoicing at the current rate without the possibility of subsequent recovery.

(iii) In order to preserve the brand image of the Goods marketed by INFOCREA COMMUNICATION SARL, professional Customers undertake to respect the recommended public resale price and are prohibited in any case from reselling the Goods ordered for a price lower than the acquisition price, except during regulated sales periods.

Article 3 – Price – Terms of payment – ​​Penalties – Discount.

(i) The prices of the Goods sold are systematically transmitted to the Customer prior to the sale and/or accessible on simple request from the Customer at the head office of INFOCREA COMMUNICATION SARL. In the absence of signature by the Customer of any contractual document with INFOCREA COMMUNICATION SARL specifying the prices of the Goods, the Customer recognizes without reserve that the applicable prices will be those in force on the day of the sale. All prices are quoted exclusive of tax and must be increased by VAT at the current rate.

(ii) Unless otherwise stated in any document issued by INFOCREA COMMUNICATION SARL and expressly accepted by the Customer, payment for the Goods must be made upon receipt of the invoices issued and according to the specified deadlines. Unless agreed between the parties, settlements are made before departure of the goods.

Late payment on the due date will automatically result in the immediate payment of any sum still due as well as a penalty for late payment, calculated by applying the interest rate applied to the full amount including tax remaining due. by the European Central Bank to its most recent refinancing operation increased by 10 percentage points, any month started being due, without it being necessary for INFOCREA COMMUNICATION SARL to complete any formality or prior formal notice. In addition, by express agreement, any delay in payment will result, after notification of a formal notice that has remained unsuccessful, after a period of eight (8) days, the payment as a penalty clause of an indemnity equal to 10% sums remaining due including VAT, which will be added to the amount of the principal claim, late payment penalties and any convictions and accessories pronounced by the courts. If INFOCREA COMMUNICATION SARL were to entrust the collection of its debt to a third party, the Customer would be liable for reimbursement of the costs and fees incurred.

Similarly, in the event of non-payment on the due date, INFOCREA COMMUNICATION SARL may automatically suspend all deliveries of Goods in progress, regardless of their nature and level of progress, without this suspension being able to open a any right to compensation for the Customer.

Article 4: Delivery.

(i) Terms: Delivery is made either by direct delivery of the Goods to the Customer, or by simple notice of availability, or by delivery to a carrier. INFOCREA COMMUNICATION SARL is authorized to make or have made deliveries in whole or in part.

(ii) Deadlines: The delivery deadlines communicated on any document emanating from INFOCREA COMMUNICATION SARL are only given as an indication, without commitment and are fixed according to the possibilities of supply and transport. A delay in delivery cannot give rise to an order cancellation, a refusal of the Goods and/or any penalties or damages whatsoever. Acts of God or force majeure such as war, natural disasters, bad weather, fires, accidents, strikes, production stoppages, impossibility of obtaining supplies, interruptions or delays in means of transport, lack of transport equipment, etc. .., which will have the effect of rendering the contract unenforceable temporarily or permanently, release INFOCREA COMMUNICATION SARL from any liability. INFOCREA COMMUNICATION SARL then reserves the right to extend the delivery time for the duration of the force majeure or the fortuitous event or to consider the order as canceled to the exclusion of all damages.

(iii) Risks: Whatever the mode of transport or the terms of payment, the transport of the Goods, even when sold and shipped carriage paid, is always carried out at the Customer's expense and risk. The Goods sold are deemed to have been received ex-factory. In the event of a dispute, in particular in the event of delay, loss, theft, damage or missing Goods delivered, it is up to the Customer or his representative to make all customary reservations with the Carrier at the time of delivery and to confirm to him by registered letter within three (3) days of receipt of the Goods (in accordance with Article L. 133-3 of the Commercial Code).

Article 5 - Liability - Complaints - Returns.

(i) Subject to provisions of public order, INFOCREA COMMUNICATION SARL cannot guarantee the Goods against any defect in material or workmanship when the manufacture and/or assembly of the goods in question are not its responsibility. Similarly, INFOCREA COMMUNICATION SARL cannot guarantee visible defects, defects and deterioration caused by natural wear and tear or by an external accident or even by a modification of the goods not provided for or specified by INFOCREA COMMUNICATION SARL or the manufacturer. If, however, the responsibility of INFOCREA COMMUNICATION SARL were recognized, the only obligation incumbent on the latter would be the obligation to repair or replace, at the place of its choice, the defective Goods without compensation or damages of any kind. Any Merchandise called upon to benefit from the guarantee must first be submitted to the after-sales service of INFOCREA COMMUNICATION SARL, whose agreement is essential for any repair or replacement.

(ii) Under penalty of inadmissibility, and without prejudice to claims against the Carrier, any claim by the Customer (in particular regarding quantity and/or quality) may only be taken into consideration if it is made by registered letter within forty-eight (48) hours of delivery. Failing this, each delivery made will be considered as accepted without reservations and will prevent any subsequent claim. No complaint exempts the Customer from paying for the Goods.

(iii) Any return of Goods must be the subject of a prior written agreement established within the framework of a contradictory examination between INFOCREA COMMUNICATION SARL and the Customer. Any Merchandise returned without this agreement will not be accepted by INFOCREA COMMUNICATION SARL and cannot give rise to the establishment of a credit note. The Goods must be returned at the expense and risk of the Customer, in the state in which INFOCREA COMMUNICATION SARL delivered them, in their original packaging and accompanied by a return form and a copy of the delivery note.

Article 6 – Confidentiality – Infringement.

(i) The studies, photographs, drawings and documents given to the Client by INFOCREA COMMUNICATION SARL remain the exclusive property of the latter. They cannot therefore be communicated to third parties for any reason whatsoever by the Customer.

(ii) In accordance with the applicable regulations, the Customer is prohibited under pain of prosecution from reproducing all or part of the Goods that he may have acquired or seen from INFOCREA COMMUNICATION SARL. The same applies to the registered trademarks and/or advertising documents of INFOCREA COMMUNICATION SARL. It is also prohibited to transmit to third parties information allowing the partial or total reproduction of these brands, models and Goods.

Article 7 - Cancellation clause.

Failure by the Customer to comply with any of the provisions hereof, and in particular non-payment on the due date, will allow INFOCREA COMMUNICATION SARL to suspend the execution of its deliveries or to consider any order from the Customer as terminated from right 24 hours after formal notice, without prejudice to any claim for damages.

Article 8 - Retention of title.

The Goods are sold by INFOCREA COMMUNICATION SARL to the Customer with a clause expressly subordinating the transfer of their ownership to effective payment of the full price in principal and accessory. Failure to pay on the due date may thus result in a claim for the Goods. It is understood, however, that the mere delivery of a document creating an obligation to pay, draft or otherwise, does not constitute payment within the meaning of this clause, the original claim of INFOCREA COMMUNICATION SARL on the Customer subsisting with all the guarantees which are attached thereto until said commercial paper has actually been paid. In the event of recovery of the Goods pursuant to this clause, all sums already paid by the Customer shall remain with INFOCREA COMMUNICATION SARL as damages.

The above provisions do not prevent the transfer to the Customer of the risk of loss or damage to the Goods subject to retention of title, as soon as the Goods leave the factory. The Customer must take out insurance covering the risks arising from the departure of the Goods from the factory.

As long as the price has not been paid in full, the Customer must individualize the Goods delivered and not mix them with other goods of the same nature from other suppliers. The Customer is also prohibited from pledging or assigning as security the ownership of the Goods.

Article 9 – Miscellaneous.

(i) The fact that INFOCREA COMMUNICATION SARL waives the right to invoke the violation of any of the provisions hereof shall not prevent the subsequent application of this clause and cannot be considered as a waiver of the right to invoke any other violation. The nullity that would affect any of the provisions hereof, in whole or in part, will not affect the rest of the present which will remain in force without change.

(ii) INFOCREA COMMUNICATION SARL reserves the right to subcontract or assign to a third party the rights and obligations arising from contractual relations.

(iii) The contractual relations between INFOCREA COMMUNICATION SARL and the Customer are governed for their validity, interpretation and execution in accordance with the laws of the French Republic. Any dispute arising relating to the validity, interpretation and/or execution of these presents or related thereto will be exclusively submitted to the competent courts within the jurisdiction of the court of LIMOGES, even in the event of multiple instances, defendants, of incidental requests, appeal in guarantee or questioning and even by way of summary.

FRENCH KIT is a sign of the company INFOCREA COMMUNICATION SARL.