General Terms and Conditions of Sale
Etablissements LAVAL - S.A.S. au capital de 707 000 €
RCS Siret Tours B 572 206 977 / 00033
Zone artisanale F-37310 CHÉDIGNY - FRANCE
Telephone: 00 33 (0)2 47 91 12 34 - Fax : 00 33 (0)2 47 92 59 50 - firstname.lastname@example.org - www.laval-europe.com
These general terms and conditions of sale apply ipso jure to any sale of Etablissements LAVAL products. (hereafter known as LAVAL).
Prior to any sale, these conditions of sale are made available to the customer, as referred to in article L.441-6 of the French Commercial Code.
Any order implies the unconditional acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by LAVAL.
Any order, to be taken into account, must be placed in writing or communicated to a sales representative, by telephone, email, fax, post or via the website.
Orders will be sent by the customer to LAVAL as and when required.
The acceptance of the order by LAVAL results in the creation and sending of an invoice. From this date, all orders are deemed to be firm and final.
These general terms and conditions of sale and the orders form an indivisible whole. In any event, the general terms and conditions of sale cannot constitute an order or obligate the customer to order products.
The sale is deemed to have been concluded on the date of acceptance of the order by LAVAL.
If a product presents a manufacturing defect or if the customer is not entirely satisfied, the product may be returned within 10 days. It must be sent with a Return slip (available for download on the laval-europe.com/uk/ website or from our sales team), in its original packaging and complete with the invoice. If these conditions are not met, the return will not be accepted. After the 10-day limit, items can no longer be refunded or returned.
4.PRICES AND TERMS OF PAYMENT
Prices: The products are supplied at the current price indicated by LAVAL or communicated by commercial proposal. They are expressed in Euros and are exclusive of VAT. The prices do not include shipping costs. Prices are given for information only and the company withholds the right to revise them at any time to account for changes in the price of metals, raw materials, currency exchange rate or other circumstances.
Prices of sterling silver are given for information only at the rate of 700€ excl. VAT per kilo of silver.
All Gold items are invoiced at the current daily rate of gold, excluding weight accounts (only concerns clients residing in France).
Taxes are added to the invoice at the rate in effect.
For customers in France (excluding French overseas territories) payments are due net 30 days after date of invoice by bill of exchange, cheque, bank or postal transfer, or by direct debit. However, LAVAL reserves the right to demand payment in full at time of order or upon receipt of the invoice, depending on the nature or amount of the order or due to recurring payment incidents.
For the following countries: Austria, Germany, Belgium, Luxembourg and the Netherlands, payments are due 30 days after date of invoice date, by transfer to our bank whose address and account number are indicated on the invoice or by credit card.
Other countries and French overseas territories: Prepayment by bank transfer or credit card.
New customer: Prepayment by bank transfer or credit card.
Any late payment of the amount due will automatically result in a penalty of an amount equal to three times the legal interest rate in force, from the due date, and a lump sum compensation for recovery costs of 40 euros (articles L 441-9, L 441-10 and D 441-5 of the French Commercial Code), without prejudice to additional compensation upon justification (article L 441-10 of the French Commercial Code). In any case, the payments due to LAVAL may not be suspended or be the subject of any reduction or compensation without written consent from LAVAL.
In the absence of any payment of the price on the due date of an invoice, LAVAL will suspend any new order in progress, without prejudice to any other course of action, and may terminate the sale ipso jure without prejudice to any damages liable to be requested by LAVAL.
If, after the conclusion of the sale, it appears that the payment that LAVAL is entitled to expect from the customer is threatened by a lack of financial capacity, LAVAL is entitled to exercise the following remedies:
• LAVAL can immediately assert commercial bills consisting of debt securities.
• LAVAL may prohibit the customer from reselling the goods and - subject to the other rights arising from the retention of title - recover the unpaid goods at the customer’s expense.
• Only applicable to customers residing in France (excluding residents in French overseas departments and territories): all precious metals registered in a customer’s weight account are used to guarantee all claims that LAVAL has against the client; LAVAL is required to return the precious metals to the customer only to the extent that their market value exceeds the total amount of all debts held by LAVAL.
• If the customer is in arrears with payment, LAVAL is entitled, by simple written declaration addressed to the customer, to buy back the precious metals credited to a weight account of the customer up to the sum of all debts and thus offset the customer’s debts with the proceeds of the sale attributed to the latter; the reference value for conversion into monetary value is the rate in effect on the day of purchase.
• LAVAL can offset the client’s commitments in precious metals by selling them at the day’s rate.The monetary claim thus created can be settled as a possible credit note.
Any reproduction, even partial, of our products, models, packages, boxes, labels, drawings and photographs, packaging, colour systems indicating the prices or the metal used, graphic charters, logos is unlawful and will be sanctioned under the provisions of the Intellectual Property Code. Similarly, it is forbidden to take photos, images, logos from our website or our catalogues under penalty of prosecution.
LAVAL undertakes to ensure that the products delivered comply in all respects with the order and is liable for any lack of conformity existing when the products are delivered.
LAVAL will deliver the products to the customer in accordance with the terms defined in the corresponding orders and on the date or within the period appearing in said orders.
The risks of the goods ordered are borne by the customer from the point of said delivery.
Delivery times may vary depending on the nature of the product, in principle between 24 and 48 hours for France, and between 2 and 5 days for Europe. For special orders, delivery times will be established for each order as precisely as possible.
However, delivery time is given as an indication and is not guaranteed.There is no right to a deduction or compensation if this period is exceeded.
The period indicated is also automatically suspended by any event beyond the control of LAVAL that might result in delaying delivery.
In any event, delivery within the deadline can only occur if the customer is up-to- date with its obligations towards LAVAL. Our goods are shipped at the risk of the addressee.
According to the nature of products ordered, these may be shipped as part of a whole LAVAL order or under separate cover subject to shipping rates at time of order.
Any shipment of an order gives rise to the invoicing of packaging and transport costs as well as a service charge and insurance.
These costs will vary based on the country, the weights, the volumes, the tariffs of the carriers and the legislation in force. They may change at any time.
The shipping costs are:
Orders under €180 exclusive of VAT: €12 exclusive of VAT*
Orders over €180 exclusive of VAT up to a maximum of 20 kg: €8 exclusive of VAT
For weights in excess of 20 kg up to a maximum of 30 kg: + €6 exclusive of VAT (ie. a total of €14 exclusive of VAT)
From 30 kg: €0.50 exclusive of VAT for each additional kg
For Belgium and Luxembourg:
Orders under €180 exclusive of VAT: €16 exclusive of VAT*
Orders over €180 exclusive of VAT up to a maximum of 20 kg: €12 exclusive of VAT
For weights in excess of 20 kg: €1.50 exclusive of VAT for each additional kg
For Germany, Austria, United Kingdom, Ireland, Spain, Italy and the Netherlands:
Orders under €180 exclusive of VAT: €18 exclusive of VAT*
Orders over €180 exclusive of VAT up to a maximum of 20 kg: €14 exclusive of VAT
For weights in excess of 20 kg: €2 exclusive of VAT for each additional kg
* If the order costs less than €180 excl. VAT but weighs over 20 kgs, the excess weight conditions apply
Shipping costs vary according to country.
Special shipping conditions: applied exclusively for a single ring, ring mount, engraved jewel or special order special shipping conditions: recorded delivery post will be charged at 5€ excl. VAT to mainland France and at 8€ excl. VAT to Luxembourg, Belgium, the Netherlands, Germany, Austria, Italy and Spain.
The customer will take receipt of the products ordered from LAVAL upon delivery of the products.
The customer will assume the costs and risks of transporting the products sold, subsequent to their delivery.
If no complaint or objection is formulated in this respect by the customer within a period of FORTY EIGHT HOURS (48h) from receipt of the products, said products may no longer be returned or exchanged, in application of the provisions of article 1642 of the French Civil Code.
In the event of an apparent defect or non-conformity of the products delivered to the products ordered identified by the customer on the day of receipt, LAVAL undertakes to replace the products delivered with new products identical to the order or to reimburse the customer.
The costs incurred for returning the products are the sole responsibility of the customer. The delivery of the new products is the exclusive responsibility of LAVAL.
10.RETENTION OF TITLE CLAUSE
Please note: The goods remain the property of LAVAL until full payment of the price.The purchaser will nevertheless be responsible for the risks of loss and destruction.
In the event of non-payment when due, LAVAL may recover the products sold and terminate the sale, as specified above. Cheques and bills of exchange are not considered payments until they are actually received in bank. Until that date, the retention of title clause remains in effect. These provisions do not preclude the transfer, upon delivery, of the risks of the products sold.
The customer undertakes until full payment of the price, under penalty of immediate recovery of the products by LAVAL, not to transform or incorporate said products, nor to resell them or to pledge them.
11.REPAIR AND AFTER-SALES SERVICE
In the event that the products sold by LAVAL are no longer within the warranty period, any defects and deterioration caused by natural wear and tear, by an accident or by an external event, may be repaired once a repair proposal has been drawn up and accepted by the customer. Each product sent by the customer must be identified with a copy of the invoice and our reference; otherwise, processing fees will be invoiced at a rate of TEN euros excluding tax (€10 excl. VAT) per unidentified product. If no trace of the products is found, they will be returned to the customer at their expense.
Jewellery valued at less than TEN euros excluding tax (€10 excl. VAT) cannot benefit from our repair service.
For jewellery worth TEN euros excluding tax (€10 excl. VAT) and more, the cost of repairs will be charged to the client, in addition a fixed 5 € excl.VAT sum per article plus postage and packaging: 5€ excl.VAT delivery for France and 8 € delivery for Luxembourg, Belgium, the Netherlands, Germany, Austria, Italy and Spain.
Only jewellery from the LAVAL collections, sent with a copy of the purchase invoice and the product reference within one year of the invoice date can benefit from our repair service.
The LAVAL company only engraves its own jewellery and tools sold to customers. Any customer who sends the LAVAL company a piece of jewellery or a tool to be engraved must provide a copy of the purchase invoice with the product reference. Engraved jewellery and tools cannot be returned or exchanged and must be prepaid when ordering.
14.SUSPENSION AND TERMINATION
Suspension: LAVAL may suspend the performance of its obligations as a seller when it is clear that the customer will not perform its obligations within the time limits and conditions provided for in the order and that the consequences of this non-performance may cause damage to LAVAL. Any suspension must be subject to reasonable notice and be notified as soon as possible.
Termination: Without prejudice to the right to claim compensation for the damage and/or the losses suffered, in the event of non-performance by the customer of one or any of its obligations under the general terms and conditions or orders, LAVAL may, 15 days after a formal notice sent by post using recorded delivery remains without effect, automatically declare the general terms and conditions and/or orders terminated.
By express derogation from the provisions of article L.110-4 of the French Commercial Code, any dispute by the customer relating to the entire commercial relationship with LAVAL cannot be taken into account after the expiration of a period of twelve (12) months from the end of the contested fiscal year.
Any claim relating to the payment of sums due for the year N+1 will be time-barred and inadmissible.
(This article applies only to customers residing in France and excludes all others including residents of the French overseas departments and territories.) For the opening and use of weight accounts, please refer specifically to the "Practical Guide to the Weight Account" made available by LAVAL.
The photos in our advertisements, mailings, catalogues are not contractual. In the event that products display manufacturing differences, the LAVAL company cannot be held responsible. No replacement will take place.
The materials indicated are non-binding, they are the ones indicated to us by our manufacturers.
The weights of the products are provided for information purposes.
We reserve the right to remove items at any time.
In the event that there are differences in the fabric dyes for the pouches, differences in the colours and aspects of the jewellery presentation boxes or differences in the printing colours of the paper carrier bags, pillow boxes and more generally any manufacturing dissimilarities in our products, the LAVAL company cannot be held responsible. No replacement will take place.
The packaging indicated by box, sachet or package cannot be detailed.
The quantities per packaging are given as an indication without any contractual obligation.
In accordance with the French Data Protection Act of 6 January 1978, you have a continuing right to access and rectify information concerning you.
18.APPLICABLE LAW AND COMPETENT COURT
THESE GENERAL TERMS AND CONDITIONS ARE GOVERNED BY FRENCH LAW.
ANY DISPUTE RELATING TO THE INTERPRETATION AND EXECUTION OF THE SALES OF PRODUCTS WILL BE UNDER THE EXCLUSIVE JURISDICTION OF THE TOURS COMMERCIAL COURT.
The elected domicile of LAVAL is at its head office, Zone Artisanale, 37310 Chédigny.