Terms and Conditions of Sales
1) The prices
They depend upon, and vary, according to the materials and embroidery accessories used, as well as the number of hours required to complete each creation.
2) Terms and Conditions of Sales
Payment is only accepted in Euros
Purchase of an article which is available
- Complete payment (including any recorded delivery postage and package charges)
- Delivery will occur within 10 days of receiving the payment.
a) either by cheque (only cheques issued from a bank with a holding in continental France are accepted)
b) or by bank transfer (all bank charges to be paid by the person executing the bank order)
Purchase of an article "made to measure"
a) either by cheque (only cheques issued from a bank with a holding in continental France are accepted)
b) or by bank transfer (all bank charges to be paid by the person executing the bank order)
- 50% deposit at signature of purchase order
- The remainder (including any recorded delivery postage and package charges) after notification of the availability of the article,
* by cheque or bank transfer 10 days prior to expedition
3) General Sales Conditions
Article 1- Acceptance of General Sales Conditions and Orders
Purchase Orders are final only when they have been confirmed by a down payment of 50% of the total amount.
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
Any return is subject to an express agreement between Seller and Buyer. Any creation returned without this agreement will be at the Buyer’s risk and no credit-note will be issued.
Charges and risks are always beared by the Buyer. In case the return should be justified, the creation will either be replaced or a credit note issued.
Article 8 – Invoicing - Payment conditions
Please refer to above 1) Prices and 2) Terms and Conditions of Sales
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.
Article 10 – Transfer of Risks
The transfer of risk intervenes at delivery.
Article 11 – Reservation of Title
Creation ownership is maintained b y the Seller until complete payment is received in full of the 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 where the creations are delivered with a Label, the Buyer is prohibited to remove or modify this or any other Labels or Brandings.
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.
