GENERAL CONDITIONS OF SALE
ARTICLE 1: Scope of application
These general terms and conditions of sale constitute, in accordance with article L 441-1 of the French Commercial Code, the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which SAS Cadillac Barber ("The Supplier") supplies the following products to professional Purchasers ("The Purchasers or the Purchaser") who order them, via the Supplier's website, by direct contact or via a paper medium Transportable barber chair and carrying case ("The Products").
They apply without restriction or reservation to all sales concluded by the Supplier with Buyers of the same category, regardless of any clauses that may appear in the Buyer's documents, and in particular its general conditions of purchase.
In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Purchaser who requests them, so that he can place an order with the Supplier.
They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement, as provided for in articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines.
Any order for Products implies, on the part of the Purchaser, acceptance of these General Conditions of Sale and of the general conditions of use of the Supplier's website for electronic orders.
The information contained in the Supplier's catalogues, brochures and price lists is given for information purposes only and may be revised at any time. The Supplier has the right to make any modifications it deems necessary.
The present General Conditions of Sale shall be communicated without delay to any Purchaser who so requests.
ARTICLE 2: Orders - Prices
2-1 The sale will only be concluded after the express written acceptance of the Purchaser's order by the Supplier, who must guarantee, in particular, the availability of the products ordered.
Orders must be confirmed in writing, by means of an order form duly signed by the Purchaser.
The Supplier has electronic means of ordering (including acceptance and confirmation) (site references) which enable the Purchaser to order the products in the best conditions of convenience and speed.
For orders placed exclusively on the Internet, the registration of an order on the Supplier's site takes place when the Purchaser accepts the present General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract.
The taking into account of the order and its acceptance are confirmed by the sending of an e-mail. The data recorded in the Supplier's computer system shall constitute proof of all transactions carried out with the Purchaser.
2-2 Changes requested by the Purchaser will only be taken into account, within the Supplier's possibilities and at its sole discretion, if they are notified in writing at least 60 days before the scheduled date of delivery of the Products ordered, after the Purchaser has signed a specific order form and has possibly adjusted the price.
2-3 In the event of cancellation of the order by the Purchaser after its acceptance by the Supplier, in the sole event that the conditions of the right of withdrawal are met (i.e.: the contract is concluded off-site, the object of the contract does not fall within the main field of activity of his company and the purchasing company does not employ more than five employees), the deposit paid at the time of the order, as defined in the article "Deliveries" of these General Conditions of Sale, shall be automatically acquired by the Supplier and shall not be reimbursed.
2-4 The products are supplied at the Supplier's prices in force on the day of the order and, where applicable, in the specific commercial proposal sent to the Purchaser. These prices are firm and non-revisable during their period of validity, as indicated by the Supplier.
These prices are net and exclusive of VAT, ex works and without packaging. They do not include transport, customs and insurance costs, which remain the responsibility of the Purchaser.
Special price conditions may be applied depending on the specificities requested by the Purchaser concerning, in particular, delivery conditions and deadlines, or payment conditions. The Supplier shall then send the Purchaser a special commercial offer.
2-5 If, after the signing of any Sales Agreement, there is a significant increase in the total costs of production or delivery as a result of substantial changes in costs, (including the cost of energy, raw materials, transport levels and/or exchange rates) the Supplier shall be entitled to demand a renegotiation of the price applicable to the Products to be delivered by giving notice to the Purchaser, and the Supplier may cancel any undelivered part of the quantity of Products ordered by giving thirty (30) days' notice to the Purchaser. The prices indicated in the Sales Contract are valid for all shipments and/or deliveries made until the Supplier gives the notice provided for in this article.
ARTICLE 3: Terms of payment
3-1 A deposit corresponding to 50% of the total purchase price of the Products mentioned is required at the time of placing the order.
The balance of the price is payable in cash, on the day of delivery, under the conditions defined in the article "Deliveries" below.
The Supplier shall not be obliged to deliver the Products ordered by the Purchaser if the Purchaser does not pay the price to the Supplier in accordance with the terms and conditions stated above.
3-2 The following payment methods can be used:
by bank cards: Visa, MasterCard, American Express, other credit cards
by bank transfer to the company's bank account with the following IBAN number:
FR76 1120 6200 0100 8216 6810 757
BIC : AGRIFRPP812
Payments made by the Purchaser shall not be considered final until the Supplier has actually collected the sums due.
3-3 In the event of delay in payment and payment of the sums due by the Purchaser after the deadline set out above, and after the date of payment appearing on the invoice sent to the Purchaser, the Supplier will automatically and as of right be charged, without any formality or prior notice, late payment penalties calculated at the rate of 10% of the amount, inclusive of tax, of the price appearing on the said invoice.
Payment shall give rise to 100% of the sums due becoming immediately due, without prejudice to any other action that the Supplier may exercise against the Purchaser in this respect.
In the event of non-compliance with the above payment conditions, the Supplier also reserves the right to suspend or cancel the delivery of orders in progress by the Purchaser, to suspend the performance of its obligations and to reduce or cancel the discounts granted to the Purchaser.
Unless expressly agreed in advance and in writing by the Supplier, and provided that the reciprocal credits and debts are certain, liquid and due, no compensation may be validly made between any penalties for late delivery or non-conformity of the products ordered by the Purchaser, on the one hand, and the amounts owed by the Purchaser to the Supplier for the purchase of the said products, on the other hand.
Finally, in the event of delay in payment, the Purchaser shall automatically and without prior notice pay a fixed compensation for collection costs amounting to 40 euros. The Supplier reserves the right to request additional compensation from the Purchaser if the collection costs actually incurred exceed this amount, on presentation of the corresponding documents.
3-4 The Supplier reserves, until full payment of the price by the Purchaser, a right of ownership over the products sold which enables it to recover these products. Any deposit paid by the Purchaser shall be retained by the Supplier as a lump sum compensation, without prejudice to any other action the Supplier may be entitled to take against the Purchaser as a result.
However, the risk of loss and deterioration shall pass to the Purchaser upon delivery of the ordered products.
The Purchaser therefore undertakes, at his own expense, to insure the ordered products, for the benefit of the Supplier, by means of an ad hoc insurance policy, until complete transfer of ownership and to justify this to the Supplier at the time of delivery. Otherwise, the Supplier shall be entitled to delay delivery until such proof is provided.
ARTICLE 4: Discounts and rebates
ARTICLE 5: Deliveries
The Products purchased by the Purchaser shall be delivered within a maximum period of five (5) months from: receipt by the Supplier of the corresponding purchase order duly signed and accompanied by the amount of the deposit due on that date or, the pro forma invoice duly signed and accompanied by payment of all the amounts mentioned on the pro forma invoice and due on that date.
This period does not constitute a strict deadline and the Supplier shall not be liable to the Purchaser in the event of a delay in delivery not exceeding one (1) month.
In the event of a delay of more than two (2) months, the Purchaser may request cancellation of the sale. In this case, the Supplier shall refund any advance payments already made.
The Supplier shall not be held liable in the event of delay or suspension of delivery attributable to the Purchaser or in the event of force majeure.
Delivery shall be made to the address agreed at the time of the order between the Purchaser and the Supplier and by direct delivery of the Products to the Purchaser, the Products travelling at the Purchaser's risk and expense.
The Purchaser is obliged to check the apparent condition of the Products at the time of delivery. In the absence of reservations expressly made by the Purchaser at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.
The Purchaser shall have a period of forty-eight (48) hours from the date of delivery and receipt of the Products ordered to express these reservations in writing to the Supplier.
No claim shall be validly accepted in the event of non-compliance with these formalities on the part of the Purchaser.
The Supplier shall replace, as soon as possible and at its own expense, the Products delivered whose non-conformity has been duly proven by the Purchaser.
Si le produit commandé est en stock, le délai de livraison est de 3 à 5 jours.
Si le produit commandé n’est pas en stock, le délai de livraison est de 2 à 4 mois.
ARTICLE 6: Transfer of ownership - Transfer of risks
6-1 . Transfer of ownership
The transfer of ownership of the Products to the Buyer shall take place on the day of full payment of the price, irrespective of the date of the order or delivery of the Products.
6-2 . Transfer of risks
The transfer of the risks of loss and deterioration to the Buyer shall take place on the day of delivery of the Products.
ARTICLE 7: Supplier's liability - Warranty
The products delivered by the Supplier benefit from a contractual guarantee for a period of ten (10) years from the date of delivery, covering the non-conformity of the products with the order and any hidden defect resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unusable.
The guarantee forms an inseparable whole with the Product sold by the Supplier. The Product may not be sold or resold altered, transformed or modified.
This guarantee is limited to the replacement or reimbursement of non-conforming or defective products.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance by the Purchaser, as well as in the event of normal wear and tear of the Product or force majeure.
In order to assert his rights, the Purchaser must, on pain of forfeiting any action in this respect, inform the Supplier in writing of the existence of the defects within a maximum of forty-eight (48) hours of their discovery.
The Supplier shall replace or repair the Products or parts under warranty that prove to be defective. This warranty also covers labour costs.
The replacement of the defective Products or parts shall not have the effect of extending the duration of the aforementioned warranty.
Finally, the warranty does not apply if the Products have been subjected to abnormal use, or have been used in conditions other than those for which they were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use.
It also does not apply in the event of deterioration or accident resulting from an impact, fall, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.
ARTICLE 8: Intellectual property
ARTICLE 9: Personal data
The personal data collected from the Purchasers will be subject to computer processing by the Supplier. They are recorded in its customer file and are essential for the processing of the order. This information and personal data are also retained for security reasons, in order to comply with legal and regulatory obligations. They will be retained for the time necessary for the execution of orders and applicable warranties.
The data controller is the Supplier. Access to personal data is strictly limited to employees of the data controller who are authorised to process it by virtue of their duties. The data collected may be communicated to third parties contractually bound to the company for the performance of subcontracted tasks, without the consent of the Purchaser being required.
Within the framework of the provision of their services, the third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases stated above, the Supplier shall not sell, rent, lease, transfer or give third parties access to the data without the prior consent of the Purchaser, unless it is obliged to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Purchaser will be informed and will specify the safeguards adopted to secure the data (e.g. adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.).
Conformément à la réglementation applicable, l’Acheteur dispose d’un droit d’accès, de rectification, d’effacement, et de portabilité des données le concernant, ainsi que du droit de s’opposer au traitement pour motif légitime, droits qu’il peut exercer en s’adressant au responsable de traitement à l’adresse email suivante : info@cadillacstorepro.com.
In the event of a complaint, the Purchaser may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés.
ARTICLE 10: Unforeseeable circumstances
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an unreasonably onerous risk of performance may request its co-contractor to renegotiate the contract.
However, if the change of circumstances unforeseeable at the time of the conclusion of the contract is definitive or lasts for more than three (2) months, this contract shall be terminated purely and simply in accordance with the terms and conditions defined in the article "Termination due to unforeseeable circumstances".
ARTICLE 11: Compulsory performance in kind
In the event that one of the Parties fails to perform its obligations, the defaulting Party shall be entitled to request compulsory performance in kind of its obligations under this contract. In accordance with the provisions of Article 1221 of the Civil Code, the obligee of the obligation may pursue this enforcement after a simple request, sent to the obligor of the obligation by registered letter with acknowledgement of receipt, has been unsuccessful, unless it proves impossible or there is a clear disproportion between its cost to the obligor, in good faith, and its interest to the obligee.
As an express exception to Article 1222 of the Civil Code, in the event of a breach of obligations by either Party, the Party in default may not itself have the obligation performed by a third party at the expense of the Party in default. However, the obligee of the obligation may request the Party in default to advance the sums necessary for such performance.
In the event of a breach of any of the obligations incumbent on the other Party, the Party in default may request termination of the contract in accordance with the procedures defined in the Article "Termination of Contract".
ARTICLE 12: Proportional reduction of the price in case of imperfect performance of the obligation
In the event that a Party fails to perform one or other of its obligations, the obligee may, in accordance with Article 1223 of the Civil Code, thirty (30) days after the debtor of the obligation has received formal notice by registered letter with acknowledgement of receipt, If the debtor has not yet paid all or part of the performance, it shall notify the debtor, as soon as possible, of its decision to accept the imperfect performance of the contract and to reduce the price proportionately.
The debtor's acceptance of the obligee's decision to reduce the price shall be in writing.
In the absence of agreement between the parties on the amount of this proportional reduction of the price, it shall be determined by an expert in accordance with Article 1592 of the Civil Code.
In the event that the creditor of the obligation has already paid the price, he may, in the absence of agreement between the parties, request the judge to reduce the price.
ARTICLE 13: Defence of non-performance
It is recalled that, pursuant to Article 1219 of the Civil Code, each party may refuse to perform his obligation, even if it is due, if the other party fails to perform his obligation and if this non-performance is sufficiently serious, i.e. likely to call into question the continuation of the contract or to fundamentally alter its economic equilibrium. The suspension of performance shall take effect immediately upon receipt by the Party in default of the notice of default sent to that effect by the Party in default, indicating the intention to apply the defence of non-performance as long as the Party in default has not remedied the non-performance observed, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This default defence may also be used as a preventive measure, in accordance with Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil its obligations on the due date and that the consequences of this default are sufficiently serious for the Party in default.
This option shall be used at the risk of the Party taking the initiative.
The suspension of performance shall take effect immediately upon receipt by the Party alleged to be in default of the notice of intention to apply the preventive non-performance defence until the Party alleged to be in default performs the obligation whose future non-performance is manifest, notified by registered letter with acknowledgement of receipt or in any other durable medium in writing that provides evidence of dispatch.
However, if the impediment is definitive or lasts for more than 30 days from the date on which the impediment is established by registered letter with acknowledgement of receipt, this contract shall be terminated purely and simply on the terms and conditions defined in article Resolution for non-performance by one of the parties.
ARTICLE 14: Force majeure
The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure within the meaning of article 1218 of the Civil Code or to exceptional health or climatic risks beyond the control of the Parties.
The Party experiencing the occurrence shall immediately inform the other Party of its inability to perform its service and justify this to the latter. Suspension of obligations shall in no case give rise to liability for failure to perform the obligation in question, nor shall it give rise to the payment of damages or penalties for delay.
Performance of the obligation shall be suspended for the duration of the force majeure if it is temporary and does not exceed thirty (30) days. Accordingly, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the impeded Party shall notify the other Party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a duration of thirty (30) days, the present contract shall be terminated purely and simply in accordance with the terms and conditions defined in the article "Termination for reasons of force majeure".
During this suspension, the Parties agree that the costs generated by the situation shall be borne by the impeded Party.
ARTICLE 15: Termination of the contract
15-1 . Termination for unforeseen circumstances
Termination for impossibility of performing an obligation that has become unduly burdensome may only take place, without prejudice to the clause Termination for failure of a Party to perform its obligations set out below, thirty (30) days after the dispatch of a formal notice stating the intention to apply this clause, served by registered letter with acknowledgement of receipt or by any extrajudicial act.
15-2 . Termination for breach of a sufficiently serious obligation
Without prejudice to the clause Termination for breach by a Party of its obligations set out below, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, the Party suffering the breach may notify the Party in default, by registered letter with acknowledgement of receipt, of the improper termination of this agreement, thirty (30) days after the sending of a request for performance that has proved unsuccessful, in application of the provisions of Article 1224 of the Civil Code.
15-3 . Termination due to force majeure
Termination due to force majeure may only take place, without prejudice to the clause Termination due to non-fulfilment of the obligations of one of the parties below, thirty (30) days after the sending of formal notice by registered letter with acknowledgement of receipt or any extrajudicial act.
However, this notice of default must mention the intention to apply this clause.
15-4 . Provisions common to cases of termination
It is expressly agreed between the Parties that the debtor of a payment obligation under the terms of this agreement shall be validly placed in default by the mere fact that the obligation is due, in accordance with the provisions of Article 1344 of the Civil Code.
In any event, the aggrieved Party may seek an award of damages before the courts.
ARTICLE 16: Disputes
In order to find a joint solution to any dispute that may arise in the performance of this contract, the contracting parties undertake to meet within three days of the dispatch of a registered letter with acknowledgement of receipt, notified by one of the two parties.
This amicable settlement procedure constitutes a mandatory prerequisite for the initiation of legal proceedings between the Parties. Any legal action brought in violation of this clause shall be declared inadmissible.
However, if at the end of a period of three days following the first meeting within the framework of this amicable settlement procedure, the Parties are unable to reach a compromise or a solution, the dispute shall be submitted to the jurisdiction designated below.
ARTICLE 17: Allocation of jurisdiction
All disputes to which this contract and the agreements arising from it may give rise, as regards their validity, interpretation, execution, termination, consequences and effects, shall be submitted to the Commercial Court of Albi.
ARTICLE 18: Applicable law - Language of the contract
These General Terms and Conditions define the form of the general terms and conditions and the transactions arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more other languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 19: Acceptance by the Buyer
Formulaire de participation à la loterie publicitaire avec accord RGPD:
En soumettant ce formulaire, j’accepte les termes et conditions suivants :
Utilisation des données pour la participation à la loterie : Je consens à ce que les informations que j’ai fournies soient utilisées exclusivement pour gérer ma participation à la loterie publicitaire. Cela inclut la vérification de l’éligibilité, la notification des résultats et la distribution des prix.
Communication liée à la loterie : J’autorise également l’utilisation de mes informations pour les besoins de la communication liée à la loterie publicitaire, tels que l’annonce des gagnants, la publication de leurs prénoms ou pseudonymes, et la promotion de la loterie sur les médias sociaux, le site Web de l’organisateur ou d’autres canaux de communication connexes.
Conservation des données : Mes données personnelles seront conservées pendant la durée nécessaire à l’administration de la loterie, conformément à la législation applicable.
Droit d’accès, de rectification et d’effacement : Je comprends que j’ai le droit d’accéder à mes données personnelles, de les rectifier si elles sont inexactes, et de demander leur effacement lorsque cela est justifié.
Sécurité des données : L’organisateur de la loterie met en place des mesures de sécurité appropriées pour protéger mes données personnelles contre tout accès non autorisé, toute divulgation, toute altération ou toute destruction.
Tiers : Mes données ne seront pas transmises à des tiers non affiliés à la loterie, sauf si cela est nécessaire pour l’administration de la loterie (par exemple, pour la livraison des prix).
Révocation du consentement : Je comprends que je peux révoquer mon consentement à tout moment en contactant l’organisateur de la loterie.
En cochant cette case et en soumettant ce formulaire, je confirme avoir lu, compris et accepté les termes de cette déclaration de consentement RGPD concernant l’utilisation de mes données personnelles pour la loterie publicitaire.