Our Terms and Conditions
Preamble
These General Terms and Conditions of Sale (GTC) govern all sales in France and abroad.
Consequently, placing an order implies the buyer’s full and unconditional acceptance of these General Terms and Conditions of Sale, to the exclusion of all other documents such as brochures or catalogs issued by the seller, which are for information purposes only, and constitutes the buyer’s waiver of their own General Terms and Conditions of Purchase that may be included.
In its papers and commercial documents, including its letters and purchase orders.
No special condition may prevail over the General Terms and Conditions of Sale unless formally and expressly accepted in writing by the seller. Any opposing condition put forward by the buyer shall therefore be unenforceable against the seller, unless expressly accepted, regardless of when it may have been brought to the seller’s attention.
The fact that the seller does not invoke any of these General Terms and Conditions of Sale at a given time shall not be interpreted as a waiver of the right to invoke any of said conditions at a later date.
These General Terms and Conditions of Sale are brought to the customer's attention at the time of the first order and are available upon simple request.
Article 1: Formation of the contract
The validity period of offers is eight calendar days, unless otherwise specified, starting from their date of issue. After this period, they will be considered void or must be confirmed in writing. Whether or not the order was preceded by an offer, the contract is deemed concluded when the buyer, after placing the order in writing, has received order acceptance. This acceptance will generally be given within 15 calendar days from receipt of the purchase order signed by the buyer. However, acceptance by the seller may also result from the shipment of products or commitments made to their own suppliers for the said order. Acceptance is considered effective if the seller raises no objections within 8 days. In case of discrepancies between the order and acceptance, the seller's acceptance determines the order content unless the buyer rejects it in writing within 8 calendar days following the date of the acceptance notification. Once accepted by the seller, no order can be canceled or modified by the buyer except with written agreement and Prior agreement from the seller and provided that all costs resulting from this cancellation or modification are borne and paid by the buyer.
Subject to the seller’s prior agreement and provided that all costs resulting from this cancellation or modification are borne and paid by the buyer.
Article 2 – Documentation and Pricing
The characteristics and components of the products and prices listed on printed materials are provided for informational purposes only. These details have contractual value only if they are expressly stated or referenced in the offer or order acceptance. Prices are subject to change without prior notice from the seller due to economic circumstances, currency fluctuations, or other factors. Prices are quoted excluding taxes, delivered to the Paris region, in euros. Deliveries within Metropolitan France are made free of charge (for orders over 1,000 euros excluding tax and excluding specific transport).
Article 3 – Payment Terms
A deposit of 40% of the total order amount is required at the time of order, with the balance due upon delivery, unless otherwise agreed. For a customized order, the deposit is 50% of the total order amount, along with acceptance of the prices and lead times necessary for customization.
In the case of customization, a proof (BAT) will be submitted for approval in accordance with the buyer's specifications. The agreement or request for modification of the proof must be specified in writing within 7 calendar days; beyond this period, it is deemed accepted by the buyer.
Any request to modify the proof (BAT) will incur additional charges or may result in the seller’s withdrawal. Customized orders cannot be canceled under any circumstances, and the deposit paid is non-refundable and non-transferable.
Article 4 – Orders
Orders are only final once they have been confirmed in writing and after a deposit of 40% of the total order amount has been paid. The delivery time starts from the day the deposit is received.
Any error in the order wording resulting in a delivery mistake (reference, description, or quantity) remains the sole responsibility of the buyer, and the goods cannot be returned to the seller under any circumstances.
Article 5 – Shipping and Delivery
The seller decides the best shipping method for the goods (approved carrier), unless the buyer provides specific instructions. Any express delivery service or destination outside the Paris region requested by the buyer will be fully charged to the buyer.
Delivery is deemed to take place when the products are made available to the buyer at the location indicated in the offer or the order acceptance, or failing that, in the purchase order. The seller reserves the right to make partial deliveries with corresponding partial invoicing. If the buyer believes that the delivered products have obvious defects or do not conform to the order specifications, they must notify the seller by registered letter with acknowledgment of receipt within 3 calendar days at the latest from the delivery date, under penalty of losing all claims against the seller. The buyer must provide any justification regarding the reality of the defects or anomalies observed.
In any case, the liability of OBJETS DESIGN is limited, regardless of the cause, to an amount which, in the absence of any different stipulation in the contract, is capped at the sums received for the supply or service on the day of the claim.
The buyer guarantees the waiver of recourse by their insurers or third parties in a contractual relationship with them, against OBJETS DESIGN or its insurers beyond the limits and for the exclusions set out above.
The following are considered force majeure events releasing the seller from liability: weather conditions that may slightly alter the quality, smell, or appearance of the ordered product; war; bad weather; pandemics; riots; fire; strikes; accidents; customs inspections; and the seller’s own inability to obtain supplies. The seller will keep the buyer informed, in a timely manner, of the cases and events listed above.
The buyer must allow the seller to carry out the verification with the buyer or third parties in contractual relationship with him against OBJETS DESIGN or its insurers beyond the limits and for the exclusions set forth above.
The following are considered force majeure cases releasing the seller from liability: Climatic events that may slightly alter the quality, smell, or appearance of the ordered product.
The buyer must allow the seller to verify any possible defect(s) of conformity and shall refrain from intervening personally or from involving a third party for this purpose. After the aforementioned 3-day period, any claim will be considered inadmissible.
The absence of any objection raised by the buyer at the time of receipt of the goods shall be equivalent to To the acknowledgment that said goods have been delivered in accordance with the order.
Acknowledgment that the said goods are delivered in accordance with the order.
The non-conformity of part of the delivery does not exempt the buyer from their obligation to pay for the goods for which there is no dispute. Any non-conformity acknowledged after joint examination obliges the seller only to replace the defective goods or parts.
Any return of products must be subject to the seller’s written approval. The costs and risks of the return will be borne by the buyer. No product returns will be accepted after a period of 10 working days following delivery. Any return accepted by the seller will, if applicable, result in the issuance of a credit note in favor of the buyer, after quantitative and qualitative verification of the returned products.
5.1 Transfer of Risks
Unless otherwise specified in the offer or acceptance of the order, the buyer shall assume the risks of loss and damage to the products, as well as any damages they may cause, from the time the merchandise is received at their warehouse or that of their subcontractor.
5.2 Delivery time
Delivery times are communicated at the time of the quote and confirmed upon receipt of the deposit. Delays of less than 15 calendar days beyond the scheduled date cannot give rise to damages, withholding of payment, or cancellation of ongoing orders.
The following are considered cases of major forces releasing the seller from the obligation to deliver: war, bad weather, pandemics, riots, fire, strikes, accidents, customs inspections, and the seller’s inability to obtain supplies. The seller will keep the buyer informed, in a timely manner, of the
In any case, delivery within the deadlines can only occur if the buyer is up to date with their obligations towards the seller, regardless of the cause.
5.3 Terms and Conditions
Delivery is made either by direct handover of the product to the buyer, by simple notice of availability, or by handing over to a shipper or carrier at the premises of the seller or its subcontractors.
5.4 Delivery Charges
Delivery charges vary depending on the quantities delivered, the nature of the product, its volume, and its fragility. They are specified in our quotes.
Free shipping is granted for orders starting from 1,000 euros excluding taxes.
Article 6 – Terms of Payment
6.1 Terms
Unless otherwise agreed, payments will be made under the following conditions:
- A deposit payment of 40% of the total pre-tax amount is required at the time of order, with the balance due upon delivery.
- For a customized order, the deposit is 50% of the total order amount, along with acceptance of the prices and timelines required for the customization.
6.2 Late or Non-Payment
In case of late payment, the seller may suspend all ongoing orders, without prejudice to any other legal action.
Any amount unpaid by the due date indicated on the invoice will automatically incur penalties equal to one and a half times the legal interest rate. These penalties are payable upon the seller's simple request. In case of non-payment, forty-eight hours after an unsuccessful formal notice, the sale will be automatically terminated at the seller’s discretion, who may request, by summary proceedings, the return of the products, without prejudice to any other damages.
The termination will affect not only the order in question but also all previous unpaid orders, whether delivered or in the process of delivery, regardless of whether their payment is due or not. The buyer will have to reimburse all costs incurred for the contentious recovery of the amounts owed, including fees of judicial officers.
6.3 Exigence de garanties
The seller reserves the right, at any time and depending on the risks involved, to set a credit limit for each buyer and to require certain payment terms or guarantees.
Article 7 – Retention of Title
The goods subject to this contract are sold with a clause expressly making the transfer of their ownership conditional upon full payment of the principal price and any additional charges.
It is understood, however, that the mere handing over of a payment instrument, such as a bill of exchange or other, does not constitute payment within the meaning of this clause. The seller’s ordinary claim against the buyer remains in effect, along with all attached guarantees, including the retention of ownership until said commercial instrument has been effectively paid.
The above provisions do not prevent, upon delivery of the goods, the transfer to the buyer of the risks of loss or deterioration of the goods subject to the retention of title, as well as any damage they may cause.
The buyer must take out insurance covering the risks arising from the delivery of the goods.
As long as the price has not been fully paid, the buyer must identify the goods delivered under this contract and not mix them with other goods or other orders.
In the event of seizure or any other third-party intervention on the goods, the buyer must immediately inform the seller without delay to allow them to oppose it and protect their rights.
The buyer is also prohibited from pledging or transferring the ownership of the goods as collateral.
Article 8 – Jurisdiction – Disputes
This contract is governed by French law. In the event of any dispute of any kind relating to the formation or execution of the order, the Commercial Court of Paris shall have exclusive jurisdiction, unless the seller chooses to bring the case before another competent court.
This clause also applies in cases of summary proceedings, incidental claims, multiple defendants, or third-party claims, without any jurisdiction clauses that may appear in the buyer’s documents preventing the application of this clause.
CEO:
M. S. Feroui
