CINQPOINTS TERMS AND CONDITIONS OF SALE
Reselling to professionals
1. APPLICATION AND OPPOSABILITY
The act of placing an order implies full and unconditional acceptance by the Client of the present terms and conditions of sale, excluding all other documents such as brochures, catalogues issued by Cinqpoints editions (hereafter the Company) that are only indicative. Unless formally accepted in writing by the Company, no special condition may prevail over the present conditions. Any contrary condition brought forth by the Client will therefore be, failing express agreement, non-binding to the Company, whatever the moment it may have been brought to its attention. The fact that the Company does not cite one of these conditions at a given time may not be interpreted as a waiver of the right to cite it later.
2. ORDER AND CONFIRMATION
The minimum order is for 250 euros excluding tax and shipping, except for special commercial offers. Orders are placed either by filling in our order form and sending it by email or by post, or by phone. Upon reception, we will send your order confirmation in the form of a purchase order or a pro-forma invoice.
3. SHIPPING COSTS AND DISPATCH
The shipping costs are charged to the client and calculated according to the weight and the destination of the order. Goods travel at the buyer’s own risks, irrespective of the transport mode chosen. They are only insured by us on the client’s request and the cost is borne by the client.
4. PRICES AND CARRIAGE PAID
The products are supplied at the prices prevailing at the time of the order. The prices quoted are in euros, net ex works and/or from Montpellier (France), excluding tax and shipping costs on the basis of the prices communicated to the client.
Except prior agreement, payment is made in full at the time of the order. Payment is made by cheque or bank transfer. Advance payment will not generate a discount. The payment deadlines must be in conformity with what was agreed when the the order was placed with the sales representative. Beyond a period of 8 days following the agreed date of payment, a late payment interest equal to 1.5 times the legal interest rate will be applied to the amount of the invoice, VAT on top, and similarly per additional week of delay. Late payment penalties will be due without the necessity of a reminder, in application of the article L441-6 of the Commerce Code (article 33 of the ordinance n°86-1243 of December 1st, 1986, modified by the article 53-II of the Law 2001-420 of May 15th, 2001). Default payment of a call for funds on an invoice will lead to the immediate suspension of the fulfilment of all services by the company. In case of partial delivery, each product delivered can be invoiced separately and the client cannot invoke waiting for the rest of the order to be delivered to postpone the payment of the partial invoice.
6.1The delivery is made either by direct delivery to the client, or by simple notice of availability, or by delivering the goods to a shipper or a carrier in the Company premises.
6.2The delivery deadlines indicated on the pro-forma invoice are only indicative and possible delays do not give the client the right to cancel his order, refuse the goods or claim damages and compensation.
6.3In any case, even in the event of a sale agreed with carriage paid, the transfer of risks occurs as soon as the goods leave the Company warehouse. The goods travel at the risk of the recipient, whose responsibility it is, in case of damage or missing goods, to immediately make all the necessary observations and confirm his reservations to the carrier and the people responsible or exercise any right of recourse in the timeframe and due notification required.
7. ORDERED GOODS
Aesthetic, technical or any other modification, deemed useful by the manufacturer can occur at any time with no obligation for the Company to have to similarly modify goods that are ordered, delivered or to be delivered. The technical features, dimensions, performances and other data in our catalogue or on our website are simply indicative and not contractual.
8. RETENTION OF TITLE
8.1 It is explicitly agreed that delivered goods remain the property of the Company until full payment of their priceby the buyer, in accordance with the terms of the law n°80.335 of 12-05-1980. It is however understood that the mere remittance of a certificate creating an obligation to pay does not constitute payment in the meaning of the present clause. The original receivable from the Company shall remain due with all the guarantees related, including the retention of title, until such payment has been completed.
8.2 So long as the price has not been paid in full, the Client will have to identify the goods delivered and keep them separate from other similar goods from other suppliers. In case of distraint, or any other intervention by a third party on the goods, the Client will be compelled to inform the Company thereof without delay so that the latter is able to object thereto and preserve its rights.
9. INTELLECTUAL PROPERTY RIGHTS
The Client expressly commits to presenting and commercialising the Products under the brand indicated by Cinqpoints which is placed on the Product, excluding any other brand.
Any use of drawings, illustrations, photos, texts that the client might want to use to promote the products will be subject to a written request. The client is bound to respect grants, copyrights, brands or licences and only use the material supplied by us within the usage limits granted by the Company. Imitations, copies or reproductions are forbidden at the risk of legal proceedings.
The control over the quantity and quality of the goods delivered is the responsibility of the client. Any claim will need to be made by registered letter clearly stating the reason for the return as well as the goods to return, within a timeframe of 8 days after the delivery. The return of goods can only occur after confirmation from our sales department. The return of goods will generate a credit note corresponding to or in replacement of the defective goods.
In case of dispute, the Montpellier Commercial Court has sole jurisdiction, regardless of the place of payment or delivery of the goods.