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Home Terms of sales

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General conditions of sales PDF Print E-mail
FOR THIBENE  PRODUCTS
1 - Implementation and opposability

The present general conditions of sale govern all the sale contracts concluded between Thibene and his customers. Consequently, by placing an order the buyer implies complete compliance with these general conditions of sale.
No particular conditions laid down by the buyer can, except express acceptance, prevail against these general conditions.

The fact that the customer do not prevail at given moment against any one of these general conditions of sale does not imply that he wishes to waive the right to prevail at another time against any one of the said conditions.

In the possibility of particular conditions foreseen contractually and in writing, between the agents and one of the customers, the aforementioned conditions which would go against the present general conditions of sale will be only applicable.


2 - Orders

Customers should order directly on line.


3 - Deliveries

At the time of the delivery our products are in accordance with the standards and the characteristics announced on our commercial documents. Customer should make with the carrier from reception of the goods, the necessary reserves in case of damage or of missing product. With the exception of delivery errors noticed from reception, the ordered goods will be neither returned nor exchanged. No complaint will be admitted beyond a period of 15 days  of receiving the invoice.


4 - Invoicing

Our invoices are issued by Thibene company, on the basis of the current tariffs in the day of the order recording.


5 - Price
On all documents issued by the salesman; prices cannot be considered as firm and definitive at the time of the order. Invoiced price to the customer will be that of the current tariffs at the time of the merchandises delivery to the customer.


6 - Payment / Modalities

Merchandises are paid on invoice before the merchandises dispatch.


Payments are made by credit card, paypal, or check.

No pre-payment with regard to the negotiated terms appearing on the price list will give rise to supplementary discount.

The default of payment of our invoices after the due date will result in immediate request, with full rights and without formal notice, of the total amount due.


7-Transport / Risks Dispatch

The agents responsibility would not question for any damages or deteriorations recovering because of the carrier. In case of damages or of missing parcel, buyer should notify any reserves suited to the carrier by note on the travel voucher and by registered letter with advice of receipt within 3 days following the receipt of the merchandises. Buyer will also inform the agents of the dispute as soon as possible.

8 - Complaints

Any complaint concerning both quantities, charged prices, ordered forms, and the state of the goods, should be acceptable if these complaints are sent by mail or fax to the company within three days following the reception of the merchandises. Join a copy of the delivery order of the travel voucher and express the motive for the dispute. Any complaint judged justified will entail a net credit without tax.


No return can be made without preliminary permission.


9-Reserve and Transfer of property (law n°80.335 of May 12th, 1980)

Merchandises remain the salesman property up to complete payment of the agreed price, in case of legal proceedings and the liquidation of assets of the buyer, that not modify this present clause. The default of payment of our invoices after the due date will result the return of the merchandises to the agents at the risk of the buyer. The buyer shall become responsible at the acceptance of merchandise, the transfer of possession also implies the transfer of loss risk and deterioration of the merchandise sold upon delivery.


Buyer will make arrangements for the goods assurance against any loss risk or theft. Buyer will support all the legal and judicial costs consecutive to a contentious action.


10-Cancellation Resolution

In case of neglect in the respect for one of the obligations of the order or for the present general conditions of sale, buyer or salesman can put an end as one's right to the order after formal demand remained ineffective during a period of 10 days. A cancellation account detailed will be established by taking into account the loss undergone by the part not guilty.


11-Force majeure

The emergence of a case of force majeure has the effect of suspending the execution of the contractual obligations of the agents. A case of force majeure is any event independent from the will of the agents and putting obstacle to its normal functioning notably at the stage of the expedition of products.


12-Competence / Contesting

Any dispute relative to the interpretation or execution of the present contract shall be under the jurisdiction of the Business Court of Nanterre in accordance with French law, even in case of third or multiple parties. This clause applies in spite of any opposite clause, even in case of emergency proceeding or multiples parties and whatever the method or the modes of payments.