1/ General:
These provisions are the general conditions of sale of the company Nebuleuse SAS {With-the-feeding under its trade name Nebuleuse jewelry) for the products offered for sale to a professional customer of resellers, meeting the quality and standing criteria of nebula jewelry products, below the customer or the buyer. These distributors are independent merchants who exploit one or more specialized, multi -brand shops, apart from any organized distribution network. span>
All orders transmitted to nebula jewelry involve from the buyer the acceptance of these general conditions of sale (hereinafter the "CGV"}. Thus, if the GTC are in opposition to D 'Other clauses where conventions whatever they are, the GTC will prevail over these documents.
By ordering under the conditions provided for in article 2, the buyer is deemed to have expressly accepted these GTC.
The GTC are applicable to the sale of products delivered and billed to the buyer in France and abroad.
2/ Orders:
Any order of a buyer is firm and final either from the signature of the order form issued by nebula jewelry, or from the validation by email of nebula jewelry, the latter reserving the ability to accept or refuse the Order depending in particular the availability of products and customer solvency.
The order will be processed within a maximum of eight (8) weeks depending on the availability of the products, unless expressly derogated from the Bijoux nebula.
Any order must specify at a minimum:
- Product designation
- The quantity
- The place, delivery date desired by the buyer.
Nebula jewelry undertakes to deliver the quantities ordered and accepted provided that these quantities do not destabilize either production or inventory management.
In addition to the aforementioned cases, nebula jewelry reserves the right not to deal with an order if the buyer is late for settlement or if the order placed A, taking into account the production capacities and the qualitative strategy for the distribution of nebulous jewelry products , an abnormal character.
Any order choosing a payment method by bank transfer must make the payment within 10 days after validation of the order, if necessary, the order will be canceled.
3/ price and price discounts:
The products are invoiced according to the annual rate in force on the day of the order. This rate is beforehand to the order communicated to the Customer and is an annex to the GTC.
The prices are packaging not included, excluding taxes unless expressly accepted special conditions.
The delivery costs in France where abroad are the responsibility of the buyer. They will be billed to him by nebula jewelry.
The price of nebula jewelry can be modified at any time due in particular to circumstances external to its will such as a variation in production costs or prices of supplies and raw materials on the part of its supplier. However, Nebula jewelry will inform the buyer of this price change within a reasonable time. Such prior information cannot take place in the event of a brutal and significant evolution of the value of raw materials or exchange courses.
Any tax, tax, right or other service to pay in application of French regulations or those of an importing country where of a transit country are the responsibility of the buyer.
4/ Deliveries:
The delivery methods are defined by nebula jewelry. Orders are shipped from the manufacturing site or distribution center directly to the address defined in the order. Nebuleuse jewelry cannot therefore be held responsible for any delay in delivery, compensation relating to it, or for the resolution of the order.
In accordance with article 1148 of the civil code, nebula jewelry will be released from her obligation to issue either in the event of an event of force majeure such as strikes from one of his subcontractors, the road blockages either in case of fault of a third party or customer.
No change in the procedures for delivery of the products will be able to take place without the prior and express agreement of nebula jewelry.
5/ Reception:
It is up to the buyer to check the compliance of the products when ordering when receipt is defined in the order form.
The buyer must make any complaint on apparent defects or on the compliance of the products delivered, by motivated mail addressed to the head office of Nebula jewelry in the three (3) weeks of the delivery of the products. It is up to the buyer to provide all justifications for the reality of vices or anomalies noted. The buyer will have to give nebula jewelry any ease of making the observation of these vices or non-conformity and for if necessary, remedy it.
Any non-component products sold by the buyer will not be subject to a complaint with nebula jewelry. The buyer provides his own after-sales service when distributing products.
The buyer refrains from intervening himself or of involving a third party for this purpose.
Failing that, The buyer cannot request any compensation where no compensation for nebula jewelry in any way.
In addition, it is up to the buyer to carry out if necessary, in accordance with article L.133-3 of the Commercial Code, all reservations to the carrier on the delivery receipt of the single transport document (DUT) and By registered letter with request for acknowledgment of receipt within three (3) working days which follow the reception of products, with copy with nebula jewelry.
The products will not be taken up or exchanged except in exceptional cases. In accordance with the provisions of article L.442-6 1-8 of the Commercial Code, any product returned without the agreement of nebula jewelry cannot give rise to the establishment of a credit, deduction or compensation. No complaints will be accepted outside the procedures described in these GTC.
6/ Storage and inventory management:
It is up to the buyer to ensure that the products will be stored from their delivery to their sale in the shelter of humidity and that the products will be handled with care.
The buyer must also ensure that the same storage conditions are respected by the carrier when the transport of products is carried out under the responsibility of the buyer.
Nebula jewelry will not be responsible for quality defects due to unsuitable storage conditions.
Consequently, non-compliance with the above storage conditions, cannot engage the responsibility of nebula jewelry or give rise to the return of the products concerned.
7/ Reserve clause of ownership and risk transfer:
The products remain the property of nebula jewelry until their full and effective payment. In the event of a total or partial payment defect, nebula jewelry may, without losing any other of her rights, require the return of the products by registered letter with request for acknowledgment of receipt at the costs and risks of the buyer.
The above provisions do not preclude the delivery of the products to the transfer to the buyer of the risks of loss or deterioration of the products subject to the reserve of ownership as well as the damage which they could cause. The buyer can neither give the products in pledge nor transfer the property as a guarantee. In the event of resale, the buyer undertakes to immediately pay the part of the remaining price.
8/ Intellectual property:
Nebula jewelry retains all industrial and intellectual property rights relating to brands, products, drawings and models, photos, catalogs and technical documentation which cannot be communicated or used without its prior and express written authorization of nebula jewelry. No modification of the products, in any way whatsoever, can be made without the express agreement of nebula jewelry.
9/ Responsibility:
The guarantee granted by nebula jewelry in the context of product sales is limited to the supply of products in accordance with the order, to the rules of the art and exempt from any hidden defect, coming from a lack of material, from design or from Manufacturing affecting the products delivered and making them unfit for their use. The buyer acknowledges having read this clause before the day of the order.
This warranty is limited to the replacement or reimbursement of non -compliant or affected products of a defect. Non-compliance can be understood to be an error on the type of model where the size of the product.
Bijoux nebula will replace or have the products under warranty deemed defective only when receiving products receipt. This warranty also covers labor costs. The replacement of defective products will not have the effect of extending the duration of the above warranty.
Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the customer, as in the case of normal wear of products or force majeure.
Any guarantee is also excluded in the event of sale or resale of altered, processed or modified products such as exhibition products.
10/ Payment methods:
All invoices issued by nebula jewelry are payable at the head office of Nebuleuse SAS Located at: "24 avenue Maréchal Foch, 13470 Carnoux-en-Provence", whatever the method of settlement accepted by nebula jewelry.
Setting time:
30 calendar days from the date of issue of the invoice, except in the event of conditions expressly accepted specific.
Nebuleuse Bijoux reserves the right to reduce payment deadlines and request any useful guarantees for any sale made with a new customer or for any client presenting a risk of insolvency.
Payment method:
- General payment conditions:
For orders placed by resellers distributors with points of sale in France:
For any order placed, 100% of the total amount of the price will be set to the order, the remaining balance will be paid on delivery.
For any eligible order, a deposit of 50% of the total amount of the price will be required at the time of the validation of the order. The remaining balance will be paid before shipping products.
For orders intended for export (delivery outside France):
100% of the total amount of the price will be paid (total amount of the price collected by nebula jewelry) when ordering.
Special payment conditions:
For any order from the United Kingdom a deposit of 70% will be paid to validate the order. The remaining balance will be paid before shipping products.
Delay payment:
Any sum not paid for the due date leads to the day following the payment deadline, the payment of interest in delay, the rate of which will not be less than three times the legal interest rate as well as to the Billing of recovery costs of a lump sum of € 40.
Failure to pay any amount that is not paid at the due date makes all the invoices still due, without it being necessary for nebula jewelry to proceed with prior notice. These facts release nebula jewelry of any commitment and authorize it to suspend any delivery until full payment of the invoices concerned and to automatically terminate any order to be executed or in execution.
11/ Partial dispute - Compensation and deduction:
In the event of a dispute relating only to a part of the articles invoiced, it is expressly agreed that only the amount of the articles in dispute could be taken into account, excluding the other detailed amounts in the invoice which must be paid in the conditions provided. No management fees will be accepted by nebula jewelry for research or processing of disputes.
The collection by nebula jewelry of a payment of the buyer comprising deductions or compensation, in no way applies, agreement or acceptance by nebula jewelry, of the subject of the sums deducted. In any event, the payment of the total amount of the invoice as it was initially established is due. The result of the treatment of a dispute, if he gave right to the buyer, would be subject to a regularization having emitted by nebula jewelry.
12/ Assignment of jurisdiction:
Any dispute and any dispute relating to sales of nebula jewelry, the payment of the price of these contracts, the execution or interpretation of the GTC are the jurisdiction of the Paris Commercial Court, even in the event of a warranty appeal or plurality of defendants. French law is only applicable to trade and contractual relations between the parties.