Article 1 : OBJECT
The seller is defined below as CLAIRITEC SARL. These general conditions apply exclusively to all sales conducted by CLAIRITEC SARL.
In the absence of a specific contract between CLAIRITEC SARL and the buyer, or in the absence of general or special conditions of sale specifically accepted by the buyer, all sales are subject to the general conditions of sale described below.
As a result, all products and services provided by the company CLAIRITEC SARL imply the unconditional acceptance of these terms and conditions of sale by the customer, excluding any catalog, prospectus or other advertising documents which only have an indicative value.
Article 2 : PAYMENT AND CONDITIONS OF PAYMENT
The customer can pay for his orders either by bank transfer or by check. Any order paid by check will only be processed upon receipt of the means of payment. The company CLAIRITEC SARL reserves the right to suspend any order treatment and any delivery in case of refusal of authorization of payment by bank transfer from officially accredited bodies or in case of non-payment.
Article 3 : PENALTY CLAUSE
Failure to fully or partially pay until the due date automatically entails the payment of a late penalty to CLAIRITEC SARL. This penalty is calculated on the entirety of the sum remaining due, tax included. The penalty sum is calculated at the interest rate applied at the moment of use of these terms and conditions of sales. It is applied for the entire time period between the delivery of the good or service and its total payment.
Article 4 : RESOLUTION CLAUSE
If within thirty (30) days following the implementation of the article “penalty clause”, the customer has still not paid the amount due for the product delivered or service performed by the company CLAIRITEC SARL, the sale will be cancelled, upon reception of a formal notice sent by the company and without further formality. In addition, CLAIRITEC SARL reserves itself the right to claim compensation from the customer. The existence of this clause does not prevent the seller from demanding the repeal of this clause by requesting the payment of the sum due.
Article 5 : PROPERTY RETENTION CLAUSE
The products and services sold as specified in the order form, in the invoice, or in the delivery note, remain the property of the company CLAIRITEC SARL until full payment of the sum due by the customer. During this time period, starting from the delivery of the product or service, the customer will bear the risk of loss or destruction of the item sold.
Article 6 : INTELECTUAL PROPERTY
The technology and know-how incorporated in the products, as well as all industrial and intellectual property rights relating to these products, patented or not, remain the exclusive property of CLAIRITEC SARL. Any related information must be considered as strictly confidential by the buyer, including information contained in quotations and related documents. Consequently, the buyer is prohibited from communicating this information to any third party and engages himself to use it only for the purposes of the operation and maintenance of the products or services.
Article 7 : RIGHT OF WITHDRAWAL
The company CLAIRITEC SARL grants the buyer a period of withdrawal (legal period) of seven (7) days. The buyer has to return the products which do not suit him at his own expenses. This period begins on the day of delivery of the order. All returns must be reported in advance to CLAIRITEC SARL.
Article 8 : ENGAGEMENT
The company CLAIRITEC SARL engages itself to carry out the tasks defined in the order in accordance with the regular & best way of carrying them out.
Article 9 : HIGHER FORCE
The company CLAIRITEC SARL does not take over any responsibility in case of non-performance or delay in the execution of one of its obligations if it results from an act beyond its control and will.
Any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code, is considered as such act.
Article 10 : APPLICABLE LAW AND JURISDICTION
1- Applicable law
The terms and conditions, all acts and transactions hereunder, as well as the rights and obligations of the parties hereto are governed by, and are construed in accordance with French law.
If the parties fail to settle any dispute relating to the terms and conditions within fifteen (15) days of written notice from either party to the dispute, the dispute shall be settled by the competent court.