Terms and conditions of sale
VANDECOM SASU · 229 rue Saint-Honoré, 75001 Paris, France
Clause 1: Purpose and scope of application
The present general terms and conditions of sale (GTCS) constitute the basis of the commercial negotiation and are systematically sent or given to each purchaser to enable them to place an order.
The general terms and conditions of sale described below detail the rights and obligations of VANDECOM and its customer in connection with the sale of its services.
Any acceptance of the quotation or order form, including the clause "I acknowledge that I have read and accept the attached general terms and conditions of sale", implies the buyer's unreserved acceptance of these general terms and conditions of sale.
Clause 2: Prices
The prices of the services sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and any costs applicable on the day of the order.
VANDECOM reserves the right to modify its prices at any time. However, it undertakes to invoice the services ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that VANDECOM may grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.
Clause 4: Early payment discount
No discount will be granted for early payment.
Clause 5: Terms of payment
Payment for orders must be made:
- by credit card;
- by bank transfer.
Clause 6: Late payment
In the event of total or partial non-payment of services delivered on the due date, the purchaser must pay VANDECOM a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day of delivery of the services. Since January 1, 2015, the legal interest rate is revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum outstanding, and runs from the due date of the price without the need for any prior formal notice.
In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed indemnity of 40 euros to cover collection costs (articles L. 441-10 and D. 441-5 of the French Commercial Code).
Clause 7: Resolutory clause
If, within fifteen days of the implementation of the "Late payment" clause, the purchaser has not paid the sums still due, the sale will be cancelled by operation of law and may give rise to a claim for damages in favour of VANDECOM.
Clause 8: Retention of title clause
VANDECOM retains ownership of the goods and deliverables sold until full payment of the price, in principal and in accessories. For this reason, if the purchaser is the subject of a recovery or a legal liquidation, VANDECOM reserves the right to claim, within the framework of the collective procedure, the goods and deliverables sold and remaining unpaid.
Clause 9: Delivery
Delivery is made:
- either by handing over the goods or deliverables directly to the purchaser;
- by sending a notice to the purchaser that the goods or deliverables are available;
- by delivering them to the location indicated by the purchaser on the order form.
The delivery time indicated on the order form is given as an indication only and is not guaranteed. Consequently, any reasonable delay in delivery shall not entitle the purchaser to compensation for damages or to the cancellation of the order.
Transport risk is borne entirely by the purchaser. In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.
Clause 10: Force majeure
VANDECOM cannot be held responsible if the non-execution or delay in the execution of one of its obligations described in the present general terms and conditions of sale results from a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1218 of the French Civil Code.
Clause 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be referred to the competent Commercial Court.