VUE SUR MER ® GENERAL TERMS OF SALE (ISSUE DATED 122016)
VUE SUR MER ® is distributed by the companies :
Office and development : Av de Tervuren laan 120 B3 1150 Brussels
TVA BTW VAT nr BE0432188844
Wharehouse: STERREBEEKSTRAAT 178, UNIT A & B,1930 ZAVENTEM BELGIUM
Phone : +3223106422
CAP 60 private limited company Rue du Portail Alban 60, 46000 Cahors, FRANCE TVA: FR55510966203
EUROPE LIFESTYLE LIMITED 107 STIRLING ROAD-STIRLING HOUSE N225BN LONDON ENGLAND VAT Nr : GB 1404748 27
Hereinafter referred to as “VUE SUR MER ®”
1.1 Sales of VUE SUR MER ® are exclusively governed by Belgian French and European law
1.2 The general purchasing terms of the Clients are consequently inapplicable to the sales of VUE SUR MER ®.
1.3 Any departure from these general terms of sale shall be subject to the formal agreement of VUE SUR MER ® given in writing, at the latest when confirming the order. Any thus accepted departure shall be only applicable to the sale in question, and the Client cannot claim it for other sales.
1.4 Goods travel at the risk of the addressee.
1.5 The duties of VUE SUR MER ® no longer apply if, in a previous order, the buyer has failed to perform its own duties. A refusal to sell shall then be validly opposed, unless the buyer provides satisfactory guarantees or a cash payment. In the latter case, it is specified that no discount will be granted.
2.1 Any order implies the Client’s acceptance of these general terms. Any clauses and conditions which may appear on the orders or forms are consequently not binding on VUE SUR MER ®.
2.2 The VUE SUR MER ® Company reserves the right not to proceed with an order by a Client with payments outstanding.
2.3 After signing the order form, the Client can no longer cancel his order after a period of 10 days.
2.4 The VUE SUR MER ® Company is bound only by the orders that have been confirmed by it in writing.
2.5 From the date of the order confirmation, the sale is concluded in a final manner.
However, notwithstanding the provisions of article 1583 of the Civil Code, the transfer of ownership of the goods is subject to the full payment of their price, in accordance with the reservation of title clause below.
3.1 The sale terms are deemed to be ex warehouses, unless otherwise stipulated.
3.2 The delivery dates or times mentioned in the order confirmations are ex works and are given for informational purposes only, and no delay shall entitle the buyer to the right to cancel the order or refuse the goods, or claim damages.
3.3 There will be no delay in delivery as long as VUE SUR MER ® has not received notice to deliver.
Such formal notice, in the form of a letter sent by registered mail with receipt confirmation, shall not Be sent before the delivery deadline originally specified in the order confirmation.
As from the notice receipt date, CAP 60 reserves the right to ship for a maximum period of three weeks. In the absence of any shipment during that three week period, the sale shall be considered as terminated, without the Client being entitled to any compensation, for any reason whatsoever, from VUE SUR MER ®.
3.4 VUE SUR MER ® reserves the right to interrupt any delivery to a Client in the event of late payment of previous deliveries, even without formal notice.
3.5 VUE SUR MER ®, after formal notice by the buyer sent by registered mail with receipt confirmation may, at the end of an 8-day period, freely dispose of the goods remaining to be delivered, if the Client has failed to fully complete his payments within that period.
Prices quoted on the order forms or confirmations are subject to change depending on increases in supply costs.
Unless otherwise agreed, the selling prices to the Clients are ex warehouses.
4.1 Invoices are payable cash without a discount or on term and without a discount by accepted draft on 60 day terms.
4.2 Unless otherwise agreed upon, only the invoice date may be taken into account when determining the due date for payment.
4.3 The Client may not claim any a discount or the option of payment on term by accepted draft on 60 day terms unless his previous invoices were settled without delay, in accordance with these payment terms.
4.4 Any invoice outstanding on its due date shall automatically, without any need for prior notice,
Bear interests at the legal rate multiplied by 1.5 (Act 92-1442 dated 31-12-1992).
4.5 Any delay or failure to pay in full or in part shall automatically result in immediate payability of all invoices without any need for prior notice.
RESERVATION OF TITLE
5.1 VUE SUR MER ® retains ownership of the goods delivered until the full payment of their price, in principal and interest; The issuance of drafts or any other instrument creating an obligation to pay shall not constitute a payment.
However, the transfer of the risks from VUE SUR MER ® to the Client shall take place upon delivery.
5.2 The goods sold remain the property of VUE SUR MER ® until full payment of their price, and the Client formally agrees to refrain from pledging them as collateral.
5.3 In the event of seizure of these goods by third parties, the Client shall immediately inform VUE SUR MER ®.
5.4 The Client is authorized, in the ordinary course of business, to resell the goods delivered, subject to payment upon resale, of the corresponding amounts owed due to VUE SUR MER ®, even on term.
5.5 Failing payment of the price, on the agreed term, VUE SUR MER ® may take back the gods and the sale shall be terminated by right if at the seller’s option.
5.5 FRANCE / BELGIUM
VUE SUR MER ® retains ownership of the goods sold until payment of the full price in principal and related amounts. In case of resale VUE SUR MER ® also retains the possibility of claiming the price of the goods held by the sub-buyer. The reservation of title is transferred to the resale price.
Upon delivery, risks of any kind including fortuitous cases and force majeure, and custody, are transferred to the buyer.
Failure to pay any of the maturities may result in the reclaiming of the property.
6.1 The liability of VUE SUR MER ® may only be incurred or sought if due to substantial defects or faults affecting the goods manufactured or sold by it.
6.2 Differences in quality, colour, width, weight, lining, design or irregularities including neck size, which are customary in the trade or negligible or unavoidable in series shall not be considered as substantial defects or faults.
6.3 In the event of substantial defects or faults and on the formal condition of having been informed by the Client within a maximum period of 10 days after the date on which the Client has been able to inspect the goods, VUE SUR MER ® s agrees to replace defective goods or to make alterations at its expense within a maximum period of four weeks (4) or to terminate the contract at his option.
6.4 No damages of any kind shall be claimed as compensation for business losses or any other indirect loss resulting from substantial defects or faults found.
SPECIFIC DUTIES OF THE CLIENT
7.1 Products are delivered for the purpose of retail sale. Any resale by the Client to another merchant, retailer or wholesaler is prohibited. It is strictly forbidden to the Client to mark down, discount or copy the products.
7.2 It is even forbidden to use them as a model for other products.
The Client has no right to imitate the trademark. It shall not make labels of the brand distributed by VUE SUR MER ®.
7.3 If the goods are offered at a reduced price, especially during sales, the Client is not authorized to use the trademark distributed by VUE SUR MER ® to advertise, nor announce that they are VUE SUR MER ® models.
7.4 Any breach of the specific duties of this article shall be considered as a serious fault on the part of the Client justifying immediate and full termination of current contracts and orders, without prejudice to damages.
DISPUTES – JURISDICTIONAL CLAUSE
Any dispute relating to the performance or interpretation of this agreement shall be brought before the Business Court of Brussels or its Presiding Judge for summary matters