GENERALITIES
Our sales are governed exclusively by the provision of the French laws in force when the contract is established blinding us with our customer, and the general conditions of sale which are part of any sales contract.
PRICES
Our prices are fixed by the going rate on the delivery date.
They do not include taxes, ex. works unless special sales conditions. L’Herbier du Diois cannot be held responsible for shortages.
Our offers are valid 30 days.
Packing cost (2 Euros per reference) will be added to any item below 10 kilos.
TERMS AND CONDITIONS OF PAYMENT
Payment should be made within 30 days by transfer unless special sales conditions. Fifty percent of the amount of the first order must be paid cash upon receipt of the purchase order confirmation. No discount will be given for cash payment unless previously agreed.
Any delay in payment will induce the payment of an interest at the legal rate plus 50%.
NON PAYMENT
Non-payment at the due date (unless agreed on the payment period) leads to the following consequences:
· Immediate transfer of all sums due
· Liabilities as damage and a penalty equal to 15% of the amount due, plus interests and court costs.
· Immediate suspension of all deliveries to come.
DELIVERY
The delivery method is ruled by special sales conditions. If the delivery is delayed for reasons beyond our control, it will be deemed to have been delivered as agreed. Delivery times are only indicative and the possible delays do not entitle customers to cancel the sale, to refuse the goods or claims damage interests.
Our customers bear the risks associated with goods as they leave our warehouse especially during the period of transport.
In case of damage to goods in transit our customers must notify the transporter the justified claims within 2 days after the receipt by registered letter.
The buyer is in charge of checking the presence of the transporter, the integrity of its order, and write explicitly eventual damage or missing on the packing list.
The same information must be given to l’Herbier du Diois, per registered letter with acknowledgement within 48 hours maximum.
In case of obvious non-compliance (color, smell taste, size) not respected by the buyer before use, l’Herbier du Diois will consider the product has been accepted, and will release its liability for damages resulting from the use of the product.
CLAIMS
Claims must be submitted within 15 days to l’Herbier du Diois per registered letter with acknowledgement of reception. Claims must be encrypted and transmitted within 8 days.
RETENTION OF TITLE
It is expressly agreed that the goods sold remain the property of l’Herbier du Diois until their full payment.
In case of non- payment at the settlement date, l’Herbier du Diois will claim the goods.
These provisions do not prevent the transfer to our customers, delivery, responsibility of risk of loss and deterioration of goods sold, and the damage they may cause.
MAJOR INCIDENTS AND FORTUITOUS EVENTS
L’Herbier du Diois is released from his obligation to deliver in case of flood, fire, strikes, shortage of raw materials, failure of suppliers, etc.
REPONSIBILITY
L’Herbier du Diois warrants that the goods sold match the terms of quantity, quality, and characteristics contained in the tariff and/or packing list. If the goods are not available on sight, the client should report the defect immediately and would be free to obtain replacement of the goods, or the part which has been determined to be defective, excluding repair for any other damage whatsoever. L’Herbier du Diois will be free of liability if the goods are incorporated, or are deemed free of defect, concerning the quality at delivery. In case of defect or substantial defects and after being informed by our customer within a maximum of 5 days, we will replace the goods.
Our responsibility cannot be held or sought because of defects or substantial defects on goods sold by us, or under our direct control. The customer must prove that the defect or substantial defects are our due responsibility. No return of goods can be made without the prior written permission of the company. No additional damages can be claimed in compensation for commercial prejudice and other indirect prejudices resulting from defects or substantial defects observed.
The customer is responsible of the product without the guarantee of l’Herbier du Diois. Our clients are familiar with the characteristics of products sold.
Customer must inform consumers and their own customers on the use of the products sold.
Except as stated above, there is no express or implied guarantee of any negotiation, correspondence or related legislation in particular without limitation to the quality, description, destination, the usable state or any other characteristic of goods sold hereunder.
JURISDICTION
All disputes of any kind will be the sole responsibility of the commercial court of Romans, regardless of payment accepted, and even in case of appeal or of multiple defenders.
THE PURCHASE OF OUR GOODS IMPLIES UNCONDITIONAL ACCEPTANCE TO THESE TERMS OF SALE.
