The present conditions are applicable regardless of the general conditions of the buyer. Any changes that the parties may make to them require express written agreement.
2. ACCOUNT OPENING AND CREDIT CONDITIONS
The opening of an account and / or the application of our commercial conditions is subject to the obtaining of the documents (legal, financial) or guarantees that we consider necessary.
The written agreement of TIVOLY and the notification of the business conditions confirm the validity of the account opening.
TIVOLY reserves the right to set a maximum amount outstanding, above which a cash payment can be demanded.
Our prices are for material taken from our warehouses: in a constant way, the prices charged are those of the price list in force on the day of the reception of the order at the TIVOLY head office.
Orders are not acknowledged: any order not refused in writing within two weeks of its receipt at TIVOLY's head office is considered accepted.
5. SPECIAL PRODUCTIONS
Except for specific agreements, for technical manufacturing reasons on orders for items requiring special manufacturing, we reserve the right to deliver and invoice 10% more or less than the quantity ordered. For orders of less than 10 pieces, this tolerance may be 2 pieces.
6. TERMS OF PAYMENT
Unless otherwise agreed, all our sales are to be paid within 30 days of the end of the month. The place of payment is the TIVOLY head office.
The minimum invoice amount is 100 € excluding VAT. Any order lower than this amount will be subject to an invoicing of administrative costs.
A deposit can be requested for special tools.
Payment deadlines are mandatory and appear on all our invoices: any payment made within this deadline may give rise to a discount, the rate of which will be fixed by TIVOLY. The discount will be calculated according to the number of days elapsed between the effective date of payment and the due date of the invoice.
Any payment made after this period will entail the application of penalties at the interest rate applied by the ECB (Refi Rate) to its most recent refinancing operation plus 10 percentage points. These penalties will be charged according to the number of days elapsed between the due date and the actual date of payment.
Failure by the buyer to pay on the due date shall automatically result in the buyer being placed in default and all unpaid amounts shall become immediately due and payable.
A fixed indemnity equal to 15% of the amount of the principal of the debt or of the unpaid part of the debt shall be applied as a penalty clause.
In addition, without prejudice to any other damages, in the event of late payment, the debtor shall automatically be liable to pay a fixed indemnity of €40 for collection costs, in addition to the late payment indemnities.
Any failure by the customer to fulfil, even partially, any of his obligations towards us shall entitle us, automatically and by operation of law, to suspend the fulfilment of our obligations towards him without prior warning.
No set-off or right of retention is allowed with respect to our claims; only credit notes issued by TIVOLY can cancel our invoices partially or totally.
7. DELIVERY TIME
TIVOLY strives to meet the agreed delivery times as best as possible. However, the delivery times indicated are not binding and the buyer will not be able to take advantage of possible delays to cancel the order and/or claim damages, interests or penalties.
Delivery is deemed to have been completed when the goods are removed from the seller's shops; the transfer of risk is concomitant with the handing over of the goods to the first carrier.
The goods sold travel at the buyer's risk, regardless of the mode of transport. It is the responsibility of the consignees, in accordance with articles L133-3 and following of the Commercial Code, to exercise their rights of recourse against the carriers in the legal forms and time limits.
A contribution to the postage and packing costs is determined by tranches according to the weight of the material being sent in a single consignment. Above a certain value, our shipments are made carriage paid.
9. DELIVERY - CLAIMS
In the event of missing or damaged products on arrival, the recipient must :
- write on the carrier's receipt reservations specifying exactly the number of missing or damaged packages and the subject of the complaint and confirm them to the carrier within 3 days by registered letter,
- send a copy of these reservations to TIVOLY within 48 hours of delivery, specifying the order references
Any complaint must be brought to the attention of the Sales Department, at TIVOLY's head office, within a maximum of 10 days from the date of receipt of the goods if the dispute concerns them or within 30 days from the date of the invoice if the dispute concerns the billing.
10. RETURN OF GOODS
No goods may be returned without our express consent (written agreement of the Sales Department).
In the event of a return agreement, a reduction may be applied to the price of the goods. The return shall be made carriage paid, unless otherwise agreed.
11. RESERVATION OF OWNERSHIP (Law of 15 January 1985)
TIVOLY reserves the ownership of the delivered goods until full payment of the price and its accessories. However, the risks occurring after the shipment are at the buyer's expense.
Neither the resale of the goods nor their payment by a third party affects the effects of the clause, whose validity only ceases with the extinction of TIVOLY's claim. In case of receivership or liquidation, the resale action is automatically withdrawn. Consequently, the seller can claim the goods that have not been resold as long as payment has not been made in full. Any amount paid on account shall remain with the seller as compensation. The buyer undertakes to take all steps to ensure that the goods are identified as the property of the seller.
12. GUARANTEE - LIABILITY
Our products are guaranteed to conform to the specifications in the catalogues. A tolerance is allowed as long as the standards in force are respected.
In general, TIVOLY cannot be held responsible if the use, handling, transformation, storage or transport of the sold products cause any damage to the buyer, his customers or other third parties, whether it be accidents to persons, damage to goods distinct from the object of the contract or financial losses.
The purchaser may not invoke a warranty claim to suspend or defer payments.
13. INDUSTRIAL PROPERTY - CONFIDENTIALITY
TIVOLY is the exclusive owner of the studies, plans and models of which the buyer may have had knowledge in the context of the contract. Any breach of these rules may be subject to legal proceedings.
Any deviation from these general terms and conditions of sale, and in particular the buyer's terms and conditions of purchase, are only valid after written acceptance by us.
In the event of a dispute, the Commercial Court of Chambéry shall have exclusive jurisdiction, even in the event of multiple defendants.
The partial or total nullity of any of the provisions of these general terms of sale shall not affect the validity of the other provisions.