Terms of Sales
GIFT AND CRAFT (hereinafter referred to as “The Site”) is managed by the company GIFT AND CRAFT, SASU with a capital of 5000 euros, whose registered office is 8 rue Léonard de Vinci, 60000 Beauvais, France, identified in the Commercial and Cooperate Register of France (RCS) of Beauvais, VAT number No. FR21850606583 (hereinafter referred to as “GIFT AND CRAFT Company”).
Article 1 – Applicability
The fact of placing an order implies the whole and unreserved acceptance of the PURCHASER to the present general conditions of sale excluding all the other documents, issued by the company GIFT AND CRAFT , hereinafter referred to as the SELLER and which only have an approximate value. Any contrary condition, additional or other established by the PURCHASER must be in writing, otherwise it is not enforceable against the SELLER, no matter at which moment this was brought to his knowledge. The fact that the SELLER does not prevail at a given time of any of these terms and conditions of sale, cannot be interpreted as a waiver to avail any of the said conditions later. The present general conditions of sale appear on the website of the SELLER ( www.giftncraft.fr ) and are communicated on request.
Article 2 – Samples
Samples are sent free of charge by the SELLER to the PURCHASER to the address comunicated by the latter. In the case where the PURCHASER would want to keep the samples, they will be invoiced by the SELLER to him. Otherwise, the PURCHASER would have to send them back to the SELLER.
Article 3 – Order confirmation
Orders are subject to minimum quantities depending on the product. The SELLER communicates to the PURCHASER an official quotation as well as a BAT (Identity of the prodct) including the nature of the products selected by the PURCHASER, their delivery times, and a validity period. Orders are confirmedby the signature of these two documents by the PURCHASER and will then have a firm and definitive character. The delivery of the BAT signed by the PURCHASER releases the responsibility of the GIFT AND CRAFT Company which shall not be responsible for the direct or indirect consequences that would result from the errors or omissions noticed after the printing.
Article 4 – Order modification
Product orders are not subject to any change or total or partial cancellation. The PURCHASER will have to take delivery of all the products ordered by him, whether personalised or not, and to pay the totality of the corresponding price. Otherwise, the company GIFT AND CRAFT will invoice the price to the client of the products not received plus their destruction costs. The benefit of the order is personal to the PURCHASER and cannot be assigned without the prior written agreement of the SELLER. In case of total or partial assignment of the order and in whatever form, the SELLERremains liable for payment of the entire order.
Article 5 – Rates
The quotation issued by the SELLER mentions the rates in force and their duration of validity related to the offer and which runs from its date of emission, being specified that the rates are also communicated by email. Any discount, rebates or price reduction is obligatorily mentioned and included on the invoices, in terms of the legal obligation. Our prices are subject to VAT for companies in France and not subject to VAT for companies outside French territory. They do include transportation costs. Otherwise, prices are specified ex works.
Article 6 – Delivery – Terms
The delivery is considered definitively carried out by the SELLER, either once the products have been delivered in the premises designated by the PURCHASER, or at the pickup in the premises of the SELLER in case of ex-works. Likewise, transport costs are usually borne by the PURCHASER . The PURCHASER must check the products and sign a receipt to the carrier. Without prejudice to the provisions to be taken with the latter, complaints about defects or non-compliance of the delivered products must be made by the PURCHASER by email within eight (8) days of receipt of the products. It is up to the PURCHASER to provide any justification as to the reality of the defects or anomalies noted. Any facility should be made to the SELLER for him to proceed to the detection of these defects or anomaly and to remedy it. Under no circumstances, any delays, damages or missing pieces can justify the non-payment of goods invoiced at the agreed times. In accordance with the usage, the quantities ordered will be delivered and invoiced within the limits of a tolerance of 10% more or less to cover the surpluses or the missing which can occur in the production. The client will remain responsible for any customs duties or other charges that may be due. We send your orders anywhere in Europe and outside Europe in some cases.We use the following logistics partners: national mail Portugal (CTT), TNT and DB Schenker.
Article 7 – Delivery – Lead-time
The SELLER undertakes to deliver the products as soon as possible according to its possibilities of supply and transport. These terms are indicative and are specified to the PURCHASER in the quote. Exceeding these deadlines may in no case give rise to a deduction or cancellation of the order or any other order in progress, or the payment of damages of any kind whatsoever. In all cases, the SELLER may be released from its obligation to deliver due to the occurrence of an unforeseeable and irresistible event or force majeure, which could lead to the payment of damages. Delivery can only occur if the PURCHASER is up to date with all his obligations to the SELLER, whatever they may be, even if they are outside the order concerned.
Article 8 – Conditions of return
Any return of product must be the subject of a prior written agreement from the SELLER. Any product returned without this agreement on the one hand will be held at the disposal of the PURCHASER who will assume the risks regardless of the place where he is, on the other hand cannot be subject to any credit. In this written agreement, the SELLER will specify who bears the cost of return.
Article 9 – Warranty – Liability
Potential defects in the products, to be admitted, must be notified by email within one month after receipt of the goods by the PURCHASER, and cannot be invoked as a cause of cancellation. In case of apparent defect or non-conformity of products duly recorded by the SELLER and exclusively attributable to the SELLER, the PURCHASER may obtain the free replacement or rectification or refund of what he has already paid with resolution of the sale at the choice of the SELLER and excluding any compensation or damages. In the event of defective material or manufacturing defect and provided that the PURCHASER indicates this error or defect to the SELLER, within a short time after its discovery at the goods reception, by email (within eight (8) days), the only obligation incumbent on the SELLER will be the free replacement of the products. The SELLER shall in no case be liable for direct or indirect damages, of any nature whatsoever, which are the direct or indirect consequence of the defect of the products. The guarantee of hidden defects excludes defects and deterioration caused by natural wear or by an accident or external intervention (faulty maintenance, abnormal use, inappropriate environment, etc.) from the moment when such accidents are not caused by the SELLER.
Article 10 – Payment – Terms
Payment terms are communicated by email and on invoices. Depending on the nature of the order, the payment can be made in one or more settlements, and the settlement dates will be specified by email before any order confirmation and on invoices. Invoices are to be paid in Euros by bank transfer. In any case, these terms cannot exceed the legal terms. For any orders, a deposit of 50% of the amount on the invoice will be required from the PURCHASER by the SELLER at the confirmation of the order, and the payment of the remaining 50% will be requested at the reception of the goods at the premises of the PURCHASER. A modification of these terms of payment may be considered by the SELLER but subject to certain conditions.
Article 11 – Payment – Delay or Default
In the event of late payment, and in accordance with legal provisions, the SELLER may decide by operation of law and without further formalities the application of late payment interest which will be calculated according to the latest published rate of the European Central Bank plus 10 points. These interests will be accrued from the day of the date originally scheduled for settlement until full payment. Additionally, a lump sum compensation recovery costs of € 40 will be applied, in accordance with Article D.441-5 of the Code of Commerce. Similarly, the amount will also be increased by a lump sum and irreducible compensation of 5% as damages and interest intended to repair the damage caused by the delay. In addition to interest on late payment, the SELLER may also automatically and without further formalities terminate the order concerned, suspend all orders in progress, and all previous orders not settled definitively, whether delivered or being delivered and whether or not their payment is due without prejudice to any other course of action. When the payment of an order is staggered, the non-payment of a single due date after formal notice under the conditions set out above, entails the immediate payment of the entire debt or the resolution of the said order by the SELLER as of right and without further formality. In all the preceding cases, the sums which are due for other deliveries, or for any other cause, will become immediately due if the SELLER does not opt for the resolution of the corresponding orders. The PURCHASER must reimburse all the costs incurred by the litigation recovery of the sums due, including legal fees and other costs of ministerial officer and auxiliary of justice on presentation of the corresponding justifications. Under no circumstances may payments be suspended or be subject to any compensation without the prior written agreement of the SELLER. Any deterioration in the PURCHASER’s credit may justify the requirement of collateral or cash settlement prior to execution of the orders received. The installment(s) paid by the PURCHASER will be retained by the SELLER as compensation.
Article 12 – Retention of title
Ownership of the products sold under this contract will only be transferred to the PURCHASER after full payment of the price. The delivery of a title creating an obligation to pay (processed or other) does not constitute a payment within the meaning of this clause. Failure to pay any of the due dates may result in the claim of the goods.
Article 13 – Attribution of Jurisdiction and Applicable Law
These general conditions of sale are subject to French law. The parties will endeavor to settle amicably all disputes related to the interpretation, execution or termination of this Agreement or its consequences. In the absence of such an amicable agreement, these disputes will be submitted to the Commercial Court of BEAUVAIS, France.