General Terms & Conditions of Sale


1. Scope

The “Seller” is the sàrl Ets Casteels France, with a share capital of € 1,000,000.- whose registered office is located at "ZA du Champ de Courses", 76560 Doudeville, France, SIRET 642 022 081 000 45  of the Rouen Trade and Companies Register.
All of the following covenants are mandatory and are exempt from all other terms and conditions as to any other provision in the acknowledgments or any document that may be sent to the Seller. An exemption from these terms and conditions may result only in an express and written acceptance from the Seller.
Any order and/or payment of invoice implies the application and acceptance of these general conditions of sale.

2. Invoicing and pricing

All offers made by the Seller are not binding. The orders become final only after express acceptance by the Seller and sending of an order confirmation. No order under One Hundred and Twenty Five Euros (€ 125.-) excluding VAT will be accepted.
Non-substantial properties of the products shown may change between order and delivery, without any changes giving rise to a claim or damages.
Invoicing is done based on current pricing when the order is placed, except if the delivery date requested by the Buyer is more than one month. In this case, the price that applies will be the current one on the day of delivery.
The Seller reserves the right to amend, at any time, rates without warning or notice. The new rates will immediately apply to all subsequent sales. All prices are in Euros, excluding VAT, leaving from the Seller's warehouses.

3. Delivery

With the exception of orders for an amount greater than the “free carriage” delivery threshold, and only in the absence of preferential pricing and a request for “express” delivery, delivery costs are at the responsibility of the Buyer.
The delivery time is an estimate and is given for information purposes only.
The Seller may not at any time be held responsible for delays in delivery.
Delays in delivery cannot result in either a cancellation of the sales contract or the payment of liquidated damages by the Seller.
Orders may be delivered in one or more shipments, unless expressly indicated by the Buyer.
It is the Buyer's responsibility to check the condition of the goods upon arrival. In the event of a problem, recourse must be taken against the carrier, within 48 hours of receipt of the goods, by registered letter. Copy of the complaint must be sent to the Seller. Otherwise, the goods are presumed to have been received in perfect condition.
The Buyer may be charged storage and/or insurance fees if it does not take possession of the delivered products.

4. Payment

Unless otherwise agreed, invoices are payable in full before shipment of the goods without discount for cash payment. The payment terms are determined by the Seller, during the first order or upon revision.
In the event of non-payment by the due date, a first reminder will be sent to the customer free of charge. If payment is not made within the time limit, a second reminder will be sent to them, warning them of the possibility of blocking their account and of additional costs to be paid in the event of formal notice.
If the Buyer is given notice, the Seller will refuse any delivery until full payment of his debt and may claim, as of right, a fixed recovery compensation of €50 excluding VAT and late payment interest of 15% on the debt.
In case of deterioration of the creditworthiness of the Buyer, the Seller reserves the right to cancel or postpone the delivery of the orders until full payment of all invoices that may be due.
In the event of a change in its professional activity, transfer, rental, contribution to a company or pledge of its business assets, the Buyer is required to notify the Seller without delay, while the totality of the sums due to the Seller may , at the latter's choice, become immediately due regardless of the payment terms granted.
In case of doubt on the creditworthiness of the Buyer, the Seller may, at its discretion, reserve the right not to deliver the products ordered by the Buyer so long as proof of perfect solvency is not provided, unless a requirement for advance payment has been made.

5. Warranty

The product warranty is defined by the General Conditions of Warranty.

6. Intellectual property

The Buyer may not amend, hide or remove the distinctive signs affixed on to the products by the Seller and/or by the manufacturer.
Failure to do so may lead to the automatic termination, by right and without prior notice, of the pending orders and the acceleration of any amount due by the Buyer and to the payment of damages, consisting in particular and, but not limited to, of the payment of all amounts due or would have been payable if the contract had not been terminated or to become due.

7. Retention of title clause

All products remain the property of the Seller until full payment of their prices in principal, costs and accessories.
In the event of seizure of the Seller's unpaid products, the Buyer is required to inform the Seller within 48 hours.

8. Termination

The Seller reserves the right to cancel any order, to terminate any contract without being liable for any compensation, or to delay delivery of the goods in the following cases, without this list being exhaustive:

  • Court ordered receivership, court supervised reorganisation, or well-known insolvency of the Buyer.
  • Incorrect information on the identity and/or the registered office of the Buyer, Failure to comply with the retention of title clause, Non payment on the due date of any amount due.
  • Upon termination due to the wrongs of the Buyer, the Seller reserves the right to claim compensation of 20% calculated on the amount of the relevant invoice or invoices by the breach.

9. Privacy Act

Pursuant to Act No. 78 17 of 6 January 1978, the Seller may receive, process and retain information on the Buyer. The Buyer has the right to access, amend, rectify and delete information collected on it. To do this, it will be sent to the Seller’s registered office.

10. Acts of God or force majeure

All acts of God or force majeure automatically allow the Seller to suspend orders currently being placed, without providing the Buyer with the option to terminate the contract and/or claim compensation or damages.

11. Competent jurisdiction and applicable law

These conditions are subject to the laws of France.
Any dispute will be the exclusive competence of the courts and tribunals of Rouen. This clause is stipulated in the interest of the Seller which may waive it, if he so wishes.

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CASTEELS France sàrl

ZA du Champ de Courses
76560 Doudeville
France

+32 (0)2.32.70.64.02
+32 (0)2.32.70.64.20

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© Casteels France.