General terms of sale
The sales of our company are regulated by the professional uses in force in the Textile Industries and by the general conditions of sale defined below.
The sales of products (devices and other medical products, technical aid materials and equipment, etc...), marketed by SOLUSPORTS, may also be regulated by current regulations (Public Health Code, Social Security Code or others).
The present ones and the SOLUSPORTS Sales Letter, constitute, with the possible particular clauses, the only clauses of the sales contract.
1 - ORDER
• Orders must, as a general rule, be written and must reflect the name of the client, the client's address, the delivery address, the reference, the quantity, the name and the rate of the products ordered or of the service requested.
• It is assumed that the signatory of an order has all the power to sign it and commits its apparent principal.
• Any order may be established in the form of a written document delivered to our commercial force or transmitted in any way to the address indicated by our company.
• The order is only final once accepted by SOLUSPORTSt, who, however, is not obliged to notify the reception of the orders. The execution of the orders by SOLUSPORTS is valid as acceptance and notification of receipt by SOLUSPORTS.
• Exceptionally, and to speed up the delivery process, SOLUSPORTS accepts to record telephone orders from customers who already have an account (customer file); These telephone orders will not be confirmed to the client by SOLUSPORTS.
• In all cases, SOLUSPORTS reserves the right to reject an order:
• On the one hand, upon request of the financial services of SOLUSPORTS in the event of solvency checks of the buyers and/or the existence of unpaid overdue payments, except for duly registered cash payments,
• And on the other hand, for any non-compliance by the client with one of the provisions of the SOLUSPORTS Sales Letter, verified in previous deliveries of products subject to said Letter, subject to a written requirement, duly sent by SOLUSPORTS to said client, having been unsuccessful.
• In case of successive deliveries, non-payment by the client authorizes SOLUSPORTS to deny the following deliveries.
• As soon as an order is made in a mentioned currency, billing and payment will be made in this same currency. In the absence of, the order will be invoiced in euros.
2 - OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE SOLUSPORTS
These general conditions of sale of the Products and the SOLUSPORTS Sales Charter are available on the SOLUSPORTS website www.solusports.com; the general conditions of sale also appear in any other specific referencing document sent by SOLUSPORTS to the client.
• Consequently, the fact of ordering products from SOLUSPORTS implies for the purchasing client that the latter:
• Acknowledges having taken note of these general conditions of sale and the SOLUSPORTS Letter of Sale,
• Adheres fully and without reservation to these general conditions of sale and the Thu SOLUSPORTS asne Sales Letter (available for consultation or edition on the previously announced media), excluding any other document such as advertising, brochure, catalog that has only an indicative value .
• In the absence of formal written acceptance of the general conditions of sale and the SOLUSPORTS Letter of Sale, any client, having been supplied and invoiced at some time, will be considered to have taken notice and accepted the general conditions of sale and the Letter of Sale. SOLUSPORTS sale for any other future order.
• The general conditions of sale and of the applicable SOLUSPORTS Sales Letter are those in force on the day of registration of the order by SOLUSPORTS, regardless of the transmission medium of said order by the client.
• No particular condition can, except formal and written acceptance of SOLUSPORTS, prevail in the general conditions of sale and the SOLUSPORTS Sales Letter. Any contrary condition proposed by the buyer will be, in the absence of express acceptance by SOLUSPORTS, inoperative for the seller, regardless of the moment in which said particular condition has been transmitted.
• The fact that the seller does not accept at any given time any of these general conditions of sale and/or the provisions of the SOLUSPORTS Sales Letter, may not be interpreted as a subsequent waiver of any of these conditions or provisions. .
• Acceptance of orders placed over the INTERNET is directly linked to the validation procedure of online orders by the customer.
3 - PRICES
• The prices announced by SOLUSPORTS are, depending on the case, either those mentioned in the documents, catalogues, SOLUSPORTS rates in force on the date of registration of the order (and applicable to each category of clientele in question) or those indicated and accepted in writing in the purchase order, or those accepted within the framework of a market.
• SOLUSPORTS reserves the right to modify its unit price scales at any time, except for promotional offers whose duration of validity is specifically mentioned.
• Prices are announced in euros and calculated without VAT; therefore, the applicable VAT in force on the day the order is made will be added, as well as the actual transportation costs.
• The proposed rates include, if applicable, the discounts that the customer can benefit from, such as quantitative discounts based on purchase volume or size of the assortment, as well as promotional discounts.
• The rates also mention the minimum transport fees and possibly applicable billing administrative fees based on a minimum order.
4 - PAYMENT
• Each order will be subject to an invoice that can be paid, principal, expenses and fees included, net without discount (discount by default type 0), within 10 days of the invoice date, unless otherwise signed by the SOLUSPORTS Management, and must be the subject of a special written mention.
• In such a case, and if the client uses this power to benefit from said discount on payment, only the VAT corresponding to the amount actually paid by the client can be deducted, the latter committing to carry out the adjustment of VAT that has been wrongly deducted.
5 - PENALTY FOR DELAY
• The total or partial failure of the payment by the client of the payable net price, all expenses and fees included, of an invoice issued by SOLUSPORTS, on the due date that is obligatorily mentioned in the latter, gives rise to default interest calculated on the amount remaining to be paid, at the legal annual interest rate equal to one and a half times the legal interest rate, counted monthly.
• These interests run as of right, and without the need for a written requirement, the day following the payment date stipulated in the invoice. Every calendar month started is due in full as far as interest is concerned. The legal interest rate of reference will be the one in force on the day of the due date of the debt.
• As an express condition, the non-payment by the client of one of the SOLUSPORTS invoices on the due date may lead to the possibility of postponing new deliveries, the immediate enforceability of all amounts due, the denunciation of any agreed payment term, and the reimbursement of friendly and judicial collection expenses, at the client's expense, including fees and interest, with a minimum of €200 as first administrative expenses and reactivation and collection accessories borne by SOLUSPORTS.
• SOLUSPORTS may claim from the client the penalties for the delay and the reimbursement of the collection costs, sending him a written request to pay by certified letter with acknowledgment of receipt, or obtaining the income through a legal action.
6 - TRANSPORTATION/RECEIPT
• The delivery is made in the place indicated by the client in the purchase order, failing to be mentioned, the place of delivery will be that of the registered office of the ordering client.
• Notwithstanding the reservation of property clause stipulated below, the sold products travel and are unloaded under the responsibility of the recipient customer who must carry out all the necessary checks of their condition on arrival, and that whatever the mode of transport. and the modalities of liquidation of the transport price.
• The choice of carrier being made for the customer's account, even in the case of postage paid or cash on delivery, belongs to the customer to exercise, if applicable, any claim against the carrier. In the case of lack of material, loss or damage, the customer must himself, in the delivery of the products, issue all the reservations that he deems necessary about the carrier who is solely responsible. The customer must also, within the legal deadlines, notify the carrier of his reasoned protest, by extrajudicial act or certified mail, under penalty of losing any appeal against the carrier.
• The customer has a period of 24 hours from delivery or collection to notify SOLUSPORTS, by registered letter with acknowledgment of receipt, of any damage found to the product, except in the case of insured transport on their own, their agents, and other providers of which it is the payer.
• In case of verification by the client of non-conformity between the products delivered and those requested (quantitative, referential or qualitative difference), the client must agree with SOLUSPORTS the means and conditions to correct the anomalies found. missing or non-compliant products, duly validated by SOLUSPORTS, may be subject, depending on the case, to an exchange or a refund, or to a shipment of additional products. No damages may be claimed in this regard by the client. The related shipping costs will be borne by SOLUSPORTS.
• The conditions for returning a product are those defined in a specific notification attached to each current SOLUSPORTS rate and applicable to each category of clientele in question.
7 - DELIVERY TIMES
• The delivery times indicated in the SOLUSPORTS catalog or in the purchase order are only indicative, and do not in any way compromise the responsibility of SOLUSPORTS. Therefore, any reasonable delay may not give rise to any type of compensation for damages to the customer, nor to the cancellation of the order.
8 - TRANSFER OF OWNERSHIP
• Pursuant to the Law of May 12, 1980 and except in the case of a prior written statement by the commercial and accounting services of SOLUSPORTS, the property of the products sold is reserved for SOLUSPORTS until the price has been paid for full (principal, interest and ancillary expenses) and that the client has fully complied with all his obligations towards SOLUSPORTS.
• Only payment in cash will be considered as full payment.
• SOLUSPORTS reserves the right to prohibit any use or resale of the products sold and demand restitution on first demand, especially in the event of non-payment when due, or if something happens that could cast doubt on the true or supposed solvency of the buyer.
• As indicated below, the risks related to the products are borne by the customer from delivery. The client undertakes to provide all care for the conservation of the products and to subscribe to any insurance policy to cover damages and losses that may be caused to the products sold.
• It is presumed that the first goods delivered are the first goods sold.
9 - PARTIAL PAYMENT OR ADVANCE PAYMENT
• For orders of significant amounts or related to specific or custom products or materials, SOLUSPORTS reserves the right to ask the customer for a partial advance payment reflected in an advance invoice, the balance being due upon receipt of the items by the customer.
• Three months after the payment of this advance partial payment, the corresponding sum will bear interest in favor of the client, at the legal interest rate in force on that date, until the date of delivery of the items requested, or the amounts will be refunded. subscribers.
• In case of partial payment, any amount received in this way by SOLUSPORTS will be allocated in priority over interest, fees, and ancillary expenses before being applied to the principal.
• In case of resolution or recovery of the product in application of the property reservation clause, the advance payments received by SOLUSPORTS will be considered as acquired by it as damages, in addition to any compensation that SOLUSPORTS could claim to obtain reparation of the totality of the prejudice suffered.
10 - WARRANTY AND TECHNICAL SPECIFICATIONS
• The products sold are guaranteed by SOLUSPORTS regarding hidden defects, according to French Law.
• The guarantee does not apply in case of use or maintenance in conditions that do not comply with the prescriptions recommended by SOLUSPORTS.
• In any case, the responsibility of SOLUSPORTS resulting from the admissible claims, after verification by SOLUSPORTS or expertise requested, is limited, and is at the option of SOLUSPORTS, to the repair or replacement of the products or a component thereof.
• The specifications and characteristics mentioned in the SOLUSPORTS catalog or documentation are only indicative, as well as the photos and drawings related to the product.
• The client will therefore not be able to claim any compensation from SOLUSPORTS.
• In the event that the customer considers that the product sold does not correspond to the essential characteristics, he must notify SOLUSPORTS by registered letter with acknowledgment of receipt within a period of 24 hours after receipt of the products. After this period, the customer may not claim any compensation or replacement of the products that SOLUSPORTS will consider as de facto accepted, even if the characteristics were different from the products ordered.
• In the event that the responsibility of SOLUSPORTS is committed for defects or non-conformity, these defects or non-conformity of a part of the delivery may not give rise to a protest on the entire delivery.
11 - REFUND
• The SOLUSPORTS company undertakes to refund or exchange dissatisfied private (non-professional) customers, as long as the purchased product has not been used and has been returned with its original packaging and in perfect condition, within a maximum period of 15 days. from the order date.
• Only the company SOLUSPORTS reserves the right to accept or not the return of the product. In case of rejection, the product will be returned to the customer. These forwarding costs will be borne by the said customer. In general, all shipping costs will be borne by the customer except in the event of a verified error by the SOLUSPORTS company (error in sending the requested size, error in sending the quantities ordered).
12 - FORCE MAJEURE
• In the event of an event of force majeure, this event will have the effect of suspending the execution of the obligations of SOLUSPORTS during the duration of the force majeure.
• Force majeure is considered to be an external, unpredictable and irresistible event, independent of the will of SOLUSPORTS, or beyond its control, making it impossible or more costly for SOLUSPORTS to perform its obligations.
• Will be considered as a case of force majeure as defined, the total or partial strike disturbing the normal functioning of SOLUSPORTS, or one of its suppliers, carrier or subcontractors, the material or legal unavailability of the ordered products, any interruption affecting the supply typical of these.
• If the duration of the force majeure exceeds 45 days, the customer may cancel the order in question 30 days after an unsuccessful letter of demand.
13 - TERRITORIALITY
• These general conditions of sale are only applicable for sales made in Spain (peninsula + Canary Islands and Balearic Islands), orders must be delivered in this same territory.
14 - VALIDITY
• These general conditions of sale are applicable from November 1, 2013 and will continue to be valid until a new edition comes into force to replace the previous one.
15 - CHOICE OF ADDRESS - LITIGATION - CLAUSE ATTRIBUTING JURISDICTION
• For the execution of these general conditions, the parties make a choice of domicile in their respective place of business headquarters.
• In the event of a protest about the interpretation or execution of these provisions, it is made by express convention attribution of jurisdiction over the Barcelona Commercial Court, on which the headquarters of SOLUSPORTS depends, who will be the only competent party, whatever the case may be. , the cause or the link of the litigation and whatever the special conditions of the sale, even in case of appeal in guarantee or of the plurality of the defenders.
• These general conditions are subject to Spanish law.