SASU JENNIE CAMILLE LIN (JCL) – Centre CIFA Lot N°50 – 8-10 rue de la Haie Coq – 93300 Aubervilliers – France
N° id. intracomm. : FR96 500 654 082 – S.A.S.U au capital de 10 000 Euros – SIRET : 500 654 082 00022 – NAF : 4642Z – RCS BOBIGNY
ARTICLE 1 : SCOPE OF APPLICATION
The present general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply to all
sales concluded between : – on the one hand, Jennie-Camille Lin, a simplified joint stock company with a partner…
10,000, registered in the Bobigny Trade and Companies Register under the number 500 654 082, and whose registered office is located at 8 rue de la Haie Coq – 93300 Aubervilliers (hereinafter “JCL”), – and on the other hand, a professional buyer (hereafter the “Buyer”), for the acquisition of the products offered for sale by JCL (hereafter the “Product(s)”).
These General Terms and Conditions of Sale are communicated without delay.
to any Buyer who requests it. Any order of Products implies by right the acceptance without reserves by the Buyer and his full and entire adhesion to the present General Terms and Conditions of Sale, which shall prevail over any other document issued by the Buyer, in particular over any general terms and conditions of purchase, unless otherwise agreed express prior waiver by JCL. Any condition to the contrary opposed by the Purchaser will, therefore, in the absence of express acceptance, not binding on JCL, regardless of when it may have been brought to its attention knowledge. In accordance with the regulations in force, JCL reserves the right to depart from some of the following clauses of the present General Terms and Conditions of Sale, depending on the negotiations conducted with the Buyer, by the establishment of special conditions of sale. In addition, JCL may be required to establish conditions general terms and conditions of sale, derogating from the present General Terms and Conditions of Sale, depending on the type of customers considered, determined on the basis of objective criteria. In this case, the general terms and conditions of sale. These categories apply to all operators meeting these criteria. JCL reserves the right to adapt or to modify at any time the present General Terms and Conditions of Sale without notice. In case of modification, it will be applied to each order the General Terms and Conditions of Sale in force on the day of the order.
ARTICLE 2 : ORDERS
To place an order, the Purchaser must send JCL a duly signed order form by letter, fax or e-mail. Upon receipt of the order form, JCL shall send the Purchaser a confirmation of the acceptance of his order, specifying in particular whether the goods are in stock or whether they are to be manufactured, the delivery times according to the type of routing chosen, the total price of the order. The sale will only be considered as validly concluded only after JCL has received the full price of the order
or the deposit due, in accordance with the provisions of Article 4 below. Any requests for modification or cancellation of an order by the Buyer will not be taken into account, within the limits of the possibilities of JCL and at its sole discretion, only if notified in writing.
ARTICLE 3 : TARIFFS
The Products are supplied at the rates in force on the day the order is placed and, on the if applicable, in the specific commercial proposal addressed to the Buyer. These tariffs are firm and non-revisable during their period of validity as indicated by JCL. These prices are in euros, net and exclusive of tax, ex-works and packaging not included.
They do not include the cost of treatment and/or preparation, from transport, nor any customs duties and insurance remaining with the company. charge of the Buyer. Special pricing conditions may be practiced according to the specificities requested by the Buyer concerning in particular the terms and conditions of delivery, or deadlines and terms of payment. A particular commercial offer will be then addressed to the Buyer by JCL.
ARTICLE 4: TERMS OF PAYMENT
The price of orders is, in principle, payable in full in cash, as soon as the order is accepted by JCL. Exceptionally, in particular when the order relates to Products to be manufactured because not available in stock, JCL may propose to the Purchaser to pay the price of his order according to the following terms: payment of a deposit corresponding to thirty percent (30%) of the total order price from acceptance of this order by JCL; payment of the balance of the price Payable in cash within five (5) days of confirmation by JCL that the order is ready for delivery. JCL will not be required to proceed to the delivery of the Products ordered by the Buyer as long as the Buyer has not not paid the balance of the price of the order, according to the terms and conditions defined above. In the event that payment of the balance has still not been made 15 days following confirmation by JCL that the order is ready for shipment. delivery, JCL shall have the right to cancel the sale, or to reduce or cancel any discounts that may have been granted granted to the Buyer. In the event of cancellation of the order by the Purchaser after its acceptance by JCL, in order to any reason other than force majeure, or in the event of cancellation of the sale by JCL due to a lack of payment of the balance of the price, the deposit paid with the order will be automatically acquired by JCL and will not be able to give rise to a refund. place to any reimbursement.
ARTICLE 5 : DISCOUNTS, REBATES AND REBATES
The Purchaser may benefit from the discounts and rebates shown in JCL’s rates, according to the quantities acquired at one time and one place, or the regularity of its orders.
ARTICLE 6 : DELIVERIES
6.1 Terms and Conditions
Deliveries are only made according to availability and in the order in which orders are received. JCL is authorized to make deliveries in whole or in part. The transport costs of the Products shall be paid to the exclusive responsibility of the Buyer. Deliveries are made to the place of delivery mentioned on the delivery note. order, the Products travelling at the Buyer’s own risk. The information stated by the Buyer in the order form, commit this one. In the event of an error on its part in the wording of its contact details or the place of delivery, resulting in the loss of the Products or the incurrence of new delivery charges, the Buyer remains responsible for the payment of said lost Products or for any additional costs incurred as a result of said error.
6.2 Time limits
6.2.1 Time limits
The Buyer is fully aware that delivery times vary according to their possible availability in stock. When orders are for Products to be manufactured, delivery times are necessarily longer. The delivery times indicated at the time of acceptance of the order are in working days and do not include the delivery time of the Products to be manufactured. are given for information and guidance only and are in no way guaranteed, as they depend in particular on JCL’s supply possibilities, the availability of carriers and the mode of transport chosen by the Purchaser. The starting point of the delivery periods indicated by JCL runs from the day on which JCL has paid the full price of the order or the agreed deposit, in accordance with the provisions of article 4 above.
6.2.2 Exceeding deadlines
Exceeding the delivery deadlines may not give rise to the withholding of Products, nor to the refusal of Products, nor to any compensation. However, if within forty-five (45) days after the indicative delivery date, the Products have not been delivered for any reason other than force majeure or suspension of delivery attributable to the Buyer (in particular in the event of non-payment of the balance of the order price), the sale may be cancelled at the request of either party. The Buyer may, if necessary, obtain a refund of the price of the order or its deposit within thirty (30) days from the notification of the cancellation of the sale, to the exclusion of any other indemnity or damages.
6.2.3. Force majeure
JCL shall be released from its obligation to deliver within the time limit provided for when the order is accepted in the event of force majeure. The following are considered as force majeure or fortuitous events the will of the Parties, which they could not be required to foresee, and which they could not reasonably have foreseen avoid or overcome, to the extent that their occurrence renders the performance of the obligations totally impossible.
In particular, cases of force majeure or fortuitous events shall be deemed to be cases of force majeure or fortuitous events discharging JCL from its obligation to delivery: wars, riots, fires, floods, epidemics, strikes, accidents, impossibility raw material supply, as well as any supply disruptions due to suppliers.
In such circumstances, JCL shall keep the Purchaser informed as soon as possible, in particular by mail, by fax or e-mail, in which case the contract of sale between JCL and the Purchaser is automatically suspended by operation of law without indemnity, from the date of occurrence of the event. If the event lasts longer than sixty (60) days from the date of its occurrence, the contract of sale between JCL and the Purchaser could then be terminated by the more diligent party, without any party being entitled to the grant of damages This termination will take effect on the date of first presentation of the registered letter. with acknowledgement of receipt denouncing the said contract of sale. The Buyer may, if necessary, obtain restitution of the goods. of the price of the order or its deposit within thirty (30) days from the notification of the order termination of the sale.
6.2.4 Obligations of the Buyer
In any event, delivery within the time limits can only take place if the Buyer is up to date with its obligations.
towards JCL, whatever the cause, and in particular if the Purchaser has paid, where applicable, the balance of the price of the order under the conditions defined in article 4 above.
ARTICLE 7 : RECEPTION
7.1 Reservations and claims
The Buyer is obliged to check the apparent condition of the Products on delivery. In the absence of reservations expressly formulated by registered mail with acknowledgement of receipt, within eight (8) days from delivery, of the Products quantity and quality of the goods delivered shall be deemed to be in conformity with the order, without prejudice to the arrangements to be made by the Buyer vis-à-vis the carrier as described in Article 8 below. The Buyer shall provide any justification as to the reality of the defects or anomalies observed or the non-compliance of the Products.
7.2 Return and Replacement
No Product return can be made by the Buyer without the prior written agreement of JCL. No request for return will be
accepted after a period of eight (8) days following delivery. By elsewhere, the return of the Product must imperatively be carried out in a fifteen (15) days from the acceptance by JCL of this back. Any Product returned without the prior agreement of JCL or in outside the above-mentioned time limits would be held at the disposal of the Purchaser and would not give rise to the establishment of a credit note or a repayment. The costs and risks of the return shall be borne by the Buyer, and can only be charged to JCL in the sole case of an apparent defect or the non-conformity of a Product actually found by JCL.
The returned products will be accompanied by a return slip to be attached to the parcel and shall be in the condition in which the carrier delivered them. After JCL has ascertained that the existence of an apparent defect or the non-conformity of the delivered Product, the Buyer may not request that the free replacement or refund of the Product, at JCL’s option, be made to
Excluding any indemnity, damages, or cancellation of the order.
ARTICLE 8: TRANSFER OF RISKS
JCL retains ownership of the Products ordered until full payment of the total price of the order by the Purchaser. The transfer of risks on the Products takes place as soon as the Products are handed over to the carrier with a view to their delivery to the Purchaser. As a result, the Products travel at the risk and peril of the Buyer, to whom it is incumbent, in the event of damage, loss or missing items, to make all reservations or exercise all recourse with the responsible carriers.
ARTICLE 9 : SUPPLIER’S LIABILITY – WARRANTY
The Products benefit from a guarantee of fifteen (15) days from the date of delivery. The warranty covers any latent defect resulting from a defect in material, design or workmanship affecting the Products delivered and making them unsuitable for use. In order to assert his rights, the Purchaser must, under penalty of forfeiture of any action relating thereto, inform JCL in writing of the existence of the defects within a period of time maximum of eight (8) days from their discovery. The warranty is limited to the replacement of the Product affected by a vice. The terms and conditions for returning and replacing Products are the same as those applicable to for Products that do not conform or have an apparent defect according to Article 7.2 above. The warranty does not apply apparent defects; defects and damage caused by natural wear and tear or by the use of materials or equipment that are not storage conditions by the Buyer; use of the Product by the Buyer in abnormal conditions;
or a modification or adaptation of the Product by the Buyer.
ARTICLE 10 : LANGUAGE
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 11 : APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions of Sale are governed and subject to internal French law.All disputes to which the present General Terms and Conditions of Sale may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the Commercial Court of Bobigny.
Account holder : Jennie Camille LIN (JCL) Domiciliation: Société Générale Fontenay B Marne (02310)
Bank : 30003
Counter : 02310
Account N° : 000 20001487
GNI Key : 55
IBAN : FR76 3000 3023 1000 0200 0148 755
BIC : SOGEFRPP