General Terms and Conditions of Sales
Status : Craftsman
Legal structure : micro-entreprise
No VAT applicable (Article 293 B of C.G.I.)
All orders are necessarily subject to the acceptance of the General Terms and Conditions of Sales.
Article 1- Prices and Purchase Orders
Prices are communicated on demand by using the link “contact” in the site.
Prices depend on, and vary, according to the materials and embroidery accessories used, as well as the number of hours required to complete each creation.
Purchase Orders are final only when they have been confirmed by a down payment of 50% of the total amount. The Seller cannot be responsible for any computer input error made when ordering.
Article 2 – Order Modification
After ten working days, no modification can be accepted from either parties to the order. The Order Form confirms and validates the sale and cannot be cancelled by any party without damages and interest penalties (Civil Code – Art. 1583 and following) unless fully agreed and accepted in writing by both parties.
Article 3 – Delivery and Creations
The Seller has the right to modify the creation(s) at any moment without obligation to modify the previousLY delivered creation(s) or creation(s) in process. The Seller reserves the right to modify without notice the creations presented on his web site.
Article 4 – Delivery and Time Limit
Deliveries depend on the creation(s) availability and are affected progressively according to the acceptance of the orders. The Seller may determine whether to send part deliveries or to wait until complete delivery is possible. Time of delivery is indicated as exactly as possible but depends on stock and transport feasibilities. Late delivery cannot be submitted to any penalty, interest, deduction or cancellation of orders in progress. Even so, if two months after the indicated delivery date, the creation is not delivered, for any reason except force majeure, the Order can be cancelled at the request of either party and the buyer’s first instalment can be reimbursed without any indemnity, penalty and interest. Force Majeure cases include: war, riots, fire, strikes, accidents, impossible supplies for which the Seller is not responsible, and the Buyer will be informed in due time by the Seller. The delivery can only be effected if the Buyer has fulfilled all obligations and settled all outstanding invoices.
Article 5 - Delivery, Costs and Risks
The creation is transported at the Buyer’s risk even in post free sale. It is incumbent on the Buyer to bear all costs and risks relating to transport of the creation sold. In case of damages, theft, total or partial loss, any possible recours must be performed by the Buyer against the delivery agent.
Article 6 – Delivery Acceptance
Without prejudice to the recours against the delivery agent, any claims on defects or non-conformity of the ordered creation must be sent to the Seller by registered mail within 8 (eight) days after delivery. The Buyer must justify all noticed defects and the Buyer is requested to let the Seller take note of the defects in order to correct them and avoid any third parties.
Article 7 – Return – Criteria
All hand embroidered creations, available or made on special order are delicate and fragile. NO return will be accepted.
Any creation returned at the Buyer’s expenses and risk will be at the disposal of the Buyer. No exchange will be done and no credit-note will be issued.
Article 8 – Invoicing - Payment conditions
An invoice (without VAT) will be issued on demand.
Payments are accepted in Euros only:
a) by cheque (only cheques issued from a bank established in France are accepted)
b) or by bank transfer (full bank style will be then transmitted - all bank charges are for Buyer’s account)
Purchase of an article available
- Complete payment (including registered mail charges – the amount will be communicated when ordering)
- Delivery will occur within 10 days after payment receipt.
Purchase of a “special order” article
- 50% deposit at signature of purchase order
- Balance (including registed mail charges) after notification of the availability of the article, by cheque or bank transfer 10 days prior to expedition.
Article 9 – Payment - Delay or Default
In case of delayed payment, the Seller will stop all orders in progress. Full or partial default of payment on the due date will automatically, and without formal notice (Civil Code Article 1153), incurr interest penalties from the Bank of France, at the rate of the invoice date plus 4 percent. The interest will run from maturity date until eventual payment date. In case of non-payment after 48 hours notice, the Order will be irrevocably cancelled.
In case of payment by Promissory Note, failure to return the Promissory Note will be considered as a refusal of payment. When the payment is staggered, non payment of a single instalment will cause the immediate payment of all debt without notice.
Article 10 – Transfer of Risks
The transfer of risk intervenes at delivery.
Article 11 – Property
Creation ownership is maintained by the Seller until complete payment is received in full, principal and any other charges. Failure in payment at any due dates may lead to the Order cancellation by the Seller.
Article 12 – Counterfeit
In accordance with existing laws, the Seller will take any legal action necessary against the Buyer if the Buyer reproduces in part, or in totality, the creation bought or seen. The Seller will consider this action as counterfeit and as such strictly forbidden.
Article 13 – Label and Brand
In the case the creations are delivered with a Label, the Buyer has no right to remove or modify the Label or Brand.
Article 14 - Jurisdiction clause and applicable law
In the event of litigation, the commercial court in the jurisdiction in Melun has sole authority. These general sales conditions are subject to French law.
