Our sales are subject to these general terms, which apply to all sales unless otherwise expressly and formally exempted by us.
DELIVERY – TRANSPORT
Whether our goods are sold ex-factory or carriage paid, even packaged by us, they are sent at the recipients’ own risk, whom in case of damage, delay or missing item must proceed with their own claims against the carrier.
Upon delivery, the buyer must assess any damage or missing item in detail and record reservations in detail on the goods delivery document, which must be countersigned by the carrier or given driver. The latter must then, within two working days after reception of the goods, inform us of his/her motivated protest by fax or e-mail and the carrier by registered letter with an acknowledgement of receipt or extrajudicial document.
The day of shipment or collection from our warehouses triggers invoicing.
Our prices are expressed in euros, excluding tax and including charges for standard packaging.
The company reserves the right to modify these prices within legal limits if cost requirements make it necessary. Only the acknowledgement of receipt marks its commitment to retain a given price.
Our delivery times/deadlines are indicative. We cannot guarantee firm deadlines. Delays in delivery shall not under any circumstances give rise to damages or the cancellation of an order.
RETURN – CLAIM
Claims are only taken into account if they are expressed (via fax or e-mail) within eight days of receipt of the goods.
Any exceptional return of goods shall be subject to prior agreement by our company.
If our company accepts returned goods, the latter must be returned in perfect condition and in their original packaging.
In any case, the shipping costs to and from us will be borne by the customer.
Our company will not be held liable for any damaged goods or their packaging other than what was observed upon delivery.
CATALOGUE – PACKING – SAMPLES
The catalogue is non-contractual. Colours are matching and changeable. The sale takes place upon packing and samples will be charged.
PAYMENT TERMS – PENALTIES
Unless stated otherwise, our goods will be sold in compliance with the following payment terms:
- Net price, ex-works, excluding VAT.
- By accepted draft within 60 days net or 45 days end of the month (French Law No. 2008-776 of 4 August 2008 on the Modernisation of the Economy).
- By bank transfer with due date.
- Cash payment, without discount, within 8 days from date of invoice.
Failure to pay by the due date will entail:
- The immediate collectability of all outstanding sums, regardless of the mode of payment.
- The acceleration of payment of outstanding amounts.
Moreover, the buyer will be legally subject to a late payment penalty in accordance with French Law no. 92-1442 dated 31st December 1992, which shall be calculated by applying an interest rate of 1.5 times the legal interest rate to the total of the outstanding sums plus a fixed allowance of collection costs of € 40. These penalties will be directly deductible from the sums that may be owed to the buyer by our company.
Our company’s liability is limited to the amount of the invoice. Any non-compliance or hidden defects duly identified by us may only force us to replace the given products, without compensation of any sort. The return of goods is subject to the prior agreement of our sales department.
Moreover, our company may not be held liable for damaged caused by the misuse, carelessness or heavy wear of our brushware products to goods or persons.
RETENTION OF TITLE
The sold goods shall remain the property of our company until their full payment in principal and additional charges. Failure to pay any of the instalments on any due date may lead to the goods being reclaimed. These provisions do not prevent the transfer to the customer, from the delivery, of the risks of loss and impairment of the sold goods as well as damage which the latter could cause (French Law n°80-335 of 12 May 1980).
ACT OF GOD
Fulfilment of orders shall be legally suspended in the event of an act of god. The following are notably deemed to be acts of god: fire, natural disasters, military mobilisation, war, total or partial strike, riot, traffic disruption, inadequate equipment supply or transport or all causes beyond the will of RLS DOMERGUE reducing a given delivery or making the latter too expensive.
ADDRESS FOR SERVICE
Any dispute shall be submitted to the exclusive competence of the courts of our head office, regardless of the accepted modes of payment, even in the case of appeal in warranty or of plurality of defendants, and notwithstanding any provisions to the contrary which may be stated in the purchasing terms of our buyers.
GENERAL CONDITIONS GOVERNING USE OF THE SITE AND THE SERVICES OFFERED
The use of this website implies fully accepting, without any reservation, the terms and conditions contained in this legal notice. These conditions may be amended or augmented at any time, thus users of this site are advised to check them regularly.
The site is normally accessible to the users at any time. The Director of Publication may, however, decide to interrupt access in order to carry out technical maintenance and will endeavour to give users prior notice of the dates and times of the intervention.
This site is regularly updated by the Director of Publication. Similarly, legal notices may be amended at any time. They are binding on the user, who is therefore advised to check them as often as possible.
DESCRIPTION OF SERVICES PROVIDED
The purpose of this site is to provide full information about the company’s activities.
It is the Director of Publication’s constant endeavour to ensure that the information provided is as accurate as possible. However, the latter may not be held liable for any omissions, inaccuracies or deficiencies in updates, whether of the site’s own doing or of that of partner third parties providing the information concerned.
All information on this site is indicative and may be subject to change. Also, information on this site is not exhaustive. It is given subject to modifications performed since its online publication.
CONTRACTUAL LIMITATIONS REGARDING TECHNICAL DATA
The website will not be considered as responsible for material damages connected to the use of the site. Also, site users undertake to access the site using virus-free hardware and a browser upgraded to its latest version.
INTELLECTUAL PROPERTY AND COUNTERFEITING
The Director of Publication is the owner of the intellectual property rights or rights to the use of all elements accessible on the site, notably texts, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of theelements of the site, whatever the means or process used, is prohibited, except upon prior written authorisation from the Director of Publication.
Any unauthorised use of the site or of any of the items it contains shall be deemed to constitute an infringement and subject to legal proceedings in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
LIMITATIONS ON LIABILITY
The Director of Publication shall not be liable for direct or indirect damage to the equipment of the user, incurred as a result of accessing the site, and resulting either from the use of equipment that does not meet the specifications stated in point 4, or due to the appearance
of a bug or incompatibility.
The Director of Publication shall also not be liable for indirect damage (such as, for example,a loss of market or loss of an opportunity) resulting from the use of this site.
Interactive areas (possibility of asking questions in the contact area) are available for users.
The Director of Publication reserves the right to suppress, and without prior formal notice,any content entered in this area which would conflict with French legislation, especially provisions on data protection. If necessary, the Director of Publication also reserves the right
to engage the civil and/or criminal liability of the user, notably in case of contents with a racist, offensive, defamatory or pornographic character, via any medium (text, photo, etc.).
PERSONAL DATA MANAGEMENT
In France, personal data is notably protected by the Law n° 78-17 of 6 January 1978, Law n°2004-801 of 6 August 2004, Article L. 226-13 of the French Penal Code and EuropeanDirective of 24 October 1995.
The following may be collected while this site is being used: the URL address of the links via which the user has accessed the site, the access provider of the user, the Internet Protocol (IP) address of the user.
In any case, the Director of Publication only collects personal information relating to the user for the requirements of certain services offered by the site. The user provides this information in full knowledge of all the considerations involved, notably when he/she enters such information. The compulsory character or not of the information which he/she is asked to supply is then specified to the user of the site.
In accordance with the provisions of Articles 38 et seq. of French Law 78-17 of 6 January 1978 relating to Information Technology, Files and Civil Liberties, all users have the right to access, rectify or challenge any personal data concerning them, To do so, a written and
signed request should be sent, together with a copy of signed proof of identity, specifying the address to which the reply is to be returned.
No personal information on the user of this site is collected without his/her knowledge, exchanged, transferred, yielded or sold via any medium to third parties. Only the hypothesis of the buyback of the company and its rights would allow the transmission of the said
information to the possible purchaser, who would in turn be held by the same obligation of preservation and modification of the data concerning the user of the site.
The site is not declared to the CNIL as it does not collect personal information.
The databases are protected by the provisions of the French Law dated 1 July 1998 transposing European Directive 96/9 of 11 March 1996 governing the legal protection of databases.
HYPERTEXT LINKS AND COOKIES
This site includes a number of hypertext links to other sites, installed with the authorisation of the Director of Publication. However, the latter cannot check the contents of the visited sites and therefore disclaims all responsibility in this regard.
visits to the site, as well as to enable various visit frequency measurements to be performed.
Refusing to use a cookie may make it impossible to access certain services. Users can, however, configure their computers as follows to prevent the installation of cookies:
- Under Internet Explorer: Tool tab (top right cog-shaped pictogram) / Internet options. Click on
Confidentiality and select Block all cookies. Valid via OK.
- Under Firefox: Click on Firefox key at the top of browser window, then go to Options tab.
Click on Privacy tab.
Configure preservation rules via: Use custom settings for history. Finally, uncheck it to
- Under Safari: Click on browser top right cog-shaped menu pictogram. Select Settings. Click
on Display Advanced Settings. Click on Content Settings in the Confidentiality section. You
can block cookies in the Cookies section.
- Under Chrome: Click on browser top right menu pictogram with three horizontal lines. Select
Settings. Click on Display Advanced Settings. Click on Preferences in the Confidentiality
section. You can block cookies in the Confidentiality tab.
APPLICABLE LAW AND COMPETENT COURT
Any dispute relating to the use of this site shall be subject to French law. Exclusive jurisdiction is granted to the competent courts of Paris.
MAIN LAWS CONCERNED
French Law n° 78-17 of 6 January 1978, notably amended by Law n° 2004-801 of 6 August 2004 relating to Information Technology, Files and Civil Liberties.
French Law n° 2004-575 of 21 June 2004 relating to Confidence in the Digital Economy.
User: Internet surfer connected to the above-stated website
Director of Publication: A natural or legal person.
Personal information: “Data enabling the private individuals concerned to be identified in any
form whatsoever, directly or indirectly” (Article 4 of French Law 78-17 of 6 January 1978).