GENERAL TERM OF SALE
Article 1 – Definition
Within the framework of these general conditions of sale, the following terms, beginning with a capital letter, or written in capital letters, used in the singular or in the plural, will have the meaning defined below:
“LXH”: refers to the company GROUP registered with the RCS of MARSEILLE under number B 823 254 198 whose registered office is at 47 B rue du Lycée Perier – 13008 MARSEILLE, seller of the Products.
“Customer”: refers to any professional (natural or legal person) acting for his professional needs and within the framework of his professional activity who places an Order for Product (s) with LXH as designated in the Special Conditions.
“Product”: refers to the Products which are sold by LXH such as caps, berets, beanies, masks.
« Order» : means any order for Product (s) placed by a Customer to LXH materialized by the signing of Special Conditions.
“Special Conditions”: means the quote which will specify in particular the quantities and prices of the Products subject to an Order and any special conditions concluded between LXH and the Customer.
“GTC”: refers to these general conditions of sale.
“Contract”: refers to these GTC and the Special Conditions, together governing the relationship between the Parties.
LXH and the Customer are together referred to as the “Parties” and individually the or a “Party”.
Article 2 – Purpose and acceptance of the GTC
The purpose of these T & Cs is to define, in addition to the Special Conditions, the conditions under which the sale of Products by LXH takes place and the rights and obligations of each of the Parties.
The GTC are accepted by the Customer prior to any Order. He agrees to read it before placing an Order. The act of placing an order entails the Customer’s immediate, full and unreserved acceptance of the T & Cs and the Special Conditions. The T & Cs apply to each Order, regardless of the clauses that may appear on the Client’s documents over which these T & Cs prevail, in particular any General Conditions of the Client. Any deviation from the GTC has no legal value without the prior written consent of LXH, in particular in the Special Conditions. LXH reserves the right to modify the T & Cs at any time and the applicable version of the T & Cs is the one in force on the date the Order is placed.
Article 3 – Order
For each Product Order, LXH will ask the Customer to send it all the information necessary for establishing the Special Conditions to which the GTCS will be attached and which must be formally accepted.
The sale is deemed to be concluded on the date of acceptance of the Order by LXH notified to the Customer by any means and in particular by email or in writing. From that date, any Order is deemed firm and final and may not be canceled or modified in its content without the prior express consent of LXH.
Article 4 – Delivery
4.1 Terms, deadlines and delay in delivery
Delivery will be made to the Customer’s address and within the period indicated in the Special Conditions. Unless otherwise provided in the Special Conditions, the delivery period starts from the acceptance of the Order by LXH.
The delivery time is given as an indication and without guarantee. Exceeding this period may not give rise to any deduction or compensation, denunciation of the Order, cancellation of the sale, or refusal of the goods. Exceeding this period may not give rise to any deduction or compensation, denunciation of the Order, cancellation of the sale, or refusal of the goods.
If delivery is delayed or hindered due to a fact or circumstance falling under the responsibility of the Customer, all costs resulting from this delay will be borne by him. In any event, delivery within the time limit can only take place if the Customer is up to date with all of his obligations towards LXH.
4.2 Receipt of the Products
The Customer is required to check in the presence of the carrier:
- the number of packages,
- the condition of the package,
- the condition of the Products inside the package even if the packaging appears intact,
In the event of missing, damaged or non-compliant packages, the Customer must:
- Mention the missing Products on the delivery slip;
- Mention on the delivery note the nature of the damage and damage observed in the presence of the carrier;
- Refuse the package which is too damaged and mention its refusal on the delivery slip;
- Confirm the dispute by registered letter with acknowledgment of receipt to the carrier within three (3) days of this delivery in accordance with Article L133-3 of the Commercial Code;
- Inform LXH without delay by email.
All information on the delivery note must be as precise and complete as possible, the words “subject to unpacking or subject to control” have no legal value. In addition, the Customer must verify upon receipt of the Order the conformity of the Products delivered to the Products ordered and the absence of any apparent defect.
If no complaint or reservation is made in this respect by the Customer on the day of receipt of the Products, said Products may no longer be returned or exchanged, in application of the provisions of article 1642 of the Civil Code.
In the event of an apparent defect or non-conformity of the Products delivered to the Products ordered noted by the Customer on the day of receipt, LXH undertakes to replace the Products delivered by new Products identical to the Order or in the event of this impossibility. exchange.
The costs incurred by the return and delivery of the new Products are the sole responsibility of LXH.
4.3 Transfer of risk
The costs and risks of loss or damage to the Products are the sole responsibility of LXH.
Upon delivery and receipt of the Products by the Customer, the risks of the Products are transferred to the Customer.
Article 5 – Price and terms of payment
Product prices are understood to be exclusive of tax and in euros, according to the LXH rate in force on the day of the Order.
VAT applies at the rate in effect when the Order is placed.
Delivery costs are the responsibility of the Customer and are specified in the Special Conditions.
LXH reserves the right to modify prices and / or delivery costs at any time. The prices and delivery charges applicable to an Order are those in effect at the time the Order is placed.
5.2 Payment terms
Unless otherwise expressly provided for in the Special Conditions, the sale price is payable, either in cash upon receipt of the invoice less a 3% discount, to be calculated on the amount excluding VAT, or before thirty (30) days from the date of issue of the invoice, net and without discount.
Invoices issued by LXH are payable in euros by bank transfer.
In any event, amounts paid in advance are not a deposit.
Any delay in payment, even partial, of a single invoice, automatically entails the forfeiture of the term of all invoices drawn up by LXH in the name of the Customer, which become immediately payable.
5.3 Late payment
In the event of late payment, penalties for late payment calculated at the interest rate applied by the Central Bank will be payable automatically and without a reminder being necessary, in accordance with article L 441-6 of the Commercial Code. European to its most recent refinancing operation increased by 10 (ten) percentage points, as well as a lump sum compensation for recovery costs of 40 (forty) euros, without prejudice to the right for LXH to request additional compensation to fully repair the damage suffered.
In the absence of any payment of the price when due, LXH may automatically terminate the sale, thirty (30) calendar days after a formal notice has remained ineffective, without prejudice to any damages that may be requested by LXH.
LXH will issue, upon receipt of the Order, an invoice which it will send to the Customer by any means.
Article 6 – Retention of title
The Products remain the property of LXH until full payment of the price by the Customer, in principal and in accessories. Full payment of the price is understood to mean actual receipt of the price.
In the event of payment in installments, full payment is only made after payment of all due dates and any extension of due dates will be subject to the same retention of title.
In the event of default on payment when due, LXH may claim the Products and terminate the sale, as specified in Article 5.3.
These provisions do not preclude the transfer, upon delivery, of the risks of the Products sold.
Article 7 – Force Majeure
The performance of the obligations incumbent on each of the Parties under the terms of the GTC and the Special Conditions will be suspended by the occurrence of an event constituting force majeure in the usual acceptance of this term within the meaning of the case law of French courts or any other case beyond the express will of the Parties preventing the normal performance of the contract.
However, beyond a period of thirty (30) calendar days of interruption due to force majeure, each Party may choose to automatically terminate the Contract by registered letter with acknowledgment of receipt sent to the other Party, without compensation, GCS and the Special Conditions will be suspended by the occurrence of an event constituting force majeure in the usual acceptance of this term within the meaning of the case law of French courts or any other case beyond the express will of the Parties preventing normal performance of the contract.
Article 8 – Guarantees
The Products sold are covered by the legal guarantee against hidden defects, within the meaning of article 1641 of the Civil Code.
Article 9 – Severability of clauses and tolerance
9.1 If one or more provision (s) of the T & Cs or of the Contract prove to be null or unenforceable by virtue of a law or a regulation in force or following a court decision or an arbitration award which has become final , the other articles will retain their full force and reach.
9.2The fact that LXH does not claim the application of a provision of the T & Cs or of the Contract on a temporary or permanent basis may in no case be interpreted as a waiver to invoke any subsequent violation of the same provision or of a other.
Article 10 – APPLICABLE LAW AND COMPETENT JURISDICTION
The Contract, the GTC and the Special Conditions are subject, both for their interpretation and for their implementation, to French law. In the event of a dispute between the Parties relating to the interpretation, validity, execution or termination of the Contract, the GTC or the Special Conditions, they undertake to endeavor to seek an amicable agreement. The Party considering itself aggrieved shall make its claims known to the other Party by email or registered letter with acknowledgment of receipt.
If within thirty (30) days of sending the email or registered letter with acknowledgment of receipt, the Parties have not reached an agreement, the dispute will fall under the exclusive jurisdiction of the MARSEILLE COMMERCIAL COURT, including in the event of multiple defendants, summary proceedings or guarantees.