GENERAL TERMS AND CONDITIONS OF SALE
All information on Made in WAW ! ® website (including: product and furniture design, photos, drawings, logos...) is subject to copyright held by SARL Made in WAW ! This means that the information may not be reproduced, modified, transmitted and/or stored in any form whatsoever, without express written permission from SARL Made in WAW ! Reproduction and copy for any personal or commercial use is strictly forbidden.
In case of any personal use, a copyright notice must be included.
Unauthorized use of Made in WAW ! ® website and its content is strictly prohibited. Any violations will be brought before a competent court.
ACCEPTANCE OF THE CONDITIONS
These general terms and conditions of sale shall govern all business transactions between the parties unless otherwise agreed in writing. The placing of an order implies that the customer/ the buyer has irrevocably accepted these present terms and conditions and that he expressly waives the right to enforce his own terms and conditions of purchase and sale.
I - PRODUCTS
Products sold by Made in WAW ! are the ones shown on the official website, the day the buyer sees them online, and availability depends on stock displayed. Nevertheless some products may be currently under development or close to commercialization and therefore have no stock. For each of them Made in WAW ! indicates their complete characteristics, you can therefore take knowledge of these essential characteristics before purchasing any product. We encourage you to see our products at our resellers stores or in exhibition. Seeing the product online may not accurately restore the colors nor materials since not all computers have the same color calibration. Made in WAW ! cannot be held responsible for any discrepancy between screen visualization and reality of the product delivered. The purchaser recognizes that items he orders may only be used for their designated purpose.
II - PRICES & CONDITIONS
Find out our products’s retail prices on our Prices brochure.
The client is aware that prices can be updated by the vendor in the case of any unforeseen event or any change which can affect production, general transport problems, transport costs, raw materials raising prices, etc. Made in WAW ! reserves itself the rights of changing these general terms and conditions without any notice. In this case, the applicable conditions will be the ones in effect at the date of the order by the buyer. Buyer will be informed of new prices before any order. The prices defined on the Prices brochure do not include transport costs and customs duty (in case of export) We will be consulting with our transport companies to provide you with a quotation that is tailored to your needs.Specific order or rates (for wholesalers, architects...) can be calculated upon request and proof of activity. According to your needs we will make a customized offer.
III - ORDERS
All the prices defined on quotation and proforma invoice are considered as accepted and confirmed by both parties. The contract of sale shall invariably be deemed to have been concluded at the seller’s registered office. Orders accepted by our representative shall only become binding once they have been confirmed by us in writing.
In order to process your request please provide contact informations, invoice details, delivery address, Intracom VAT number and any other information necessary for us to send you our price offer. A proforma invoice including price offer, delivery terms and conditions will then be edited and sent to you by e-mail. To finalize the order please return a signed copy of the proforma invoice.
Orders are considered definitive only when they have been confirmed in writing and validated by payment authorization.
IV - TAXES
For orders and deliveries out of France, the customer commits to pay all the taxes due to the importation of the products, customs duty, indirect tax, and all other taxes of the country of reception. For an order in :
- France, prices are indicated HT (VAT Excluded) . The recommended retail price is indicated TTC (VAT Included) according to the legal VAT active rate.
- For intra EU orders - without tax - please provide your Intracom VAT number.
- All orders which delivery location resides outside EU will be processed without VAT
V - PAYEMENTS
The order payment implies that the customer has irrevocably accepted these present terms and conditions.The invoiced price is the one shown on the proforma invoice which has been beforehand sent by e-mail. If you choose to pay by bank transfer, payment is to be made to the account mentioned on the [Company data / Informations société] document. The order confirmed by the buyer shall not be considered as valid until the banking payment centres involved have given their authorisation and the amount has been received on our account.
Refusal by these centres will automatically cause the cancellation of order and the customer will be informed by e-mail. Furthermore, Made in WAW ! reserves the right to refuse any order from a client with whom there is a current dispute.
It is established between parties that :
A) Invoices are paid under proforma form. If invoices are not paid in due time Made in WAW ! has the right, without any delay and with no detriment of losses and damages, to addition interest for delayed payment, evaluated from the initial payment date of the invoices. French trade legislation rules will apply on payment delay and a fixed allowance of 40 € will be considered due.
B) In the case of partial shipment of products of a given order, invoices for each shipment to be paid on the expiration date of their term.
C) In case of partial invoices and deposit, according with payment terms, the vendor has the right to settlement for transport and shipping costs in advanced payment.
VI - DELIVERY
It is established between parties that products will only be shipped once we have registered your complete payment. The relevant date is the one on the invoice. Delivery dates must be considered as approximate and must be understood as dates of delivery from the factory. Buyers cannot use delivery delays to justify indemnities. In case of force majeure the vendor is released from its delivery obligation. Accordingly, any reasonable delay in delivering the products shall not entitle the customer to refund nor shall it entitle it to cancel the order. The buyer shall bear the carriage risks in full until delivery. Our agreements with a global network of transport providers allow us to offer you the best deal possible according to your order and needs.
Please provide contact and delivery informations for us to proceed to the delivery offer.
According to our transport providers recommendations we closely protect our products for transport conditions. The buyer shall bear the carriage risks in full until delivery. Upon arrival of your package, we ask that you immediately check the state of packaging in the presence of the driver or carrier. The buyer is responsible for controlling the goods even if it appears “ok” upon receipt and before sale. In case of missing or damaged goods during transport, the buyer must make the necessary comments on the delivery of the goods upon receipt dated and signed. Any claims put after the delivery cannot be processed.
VII - PROPERTY RESERVE
Sold products belong to Made in WAW ! until they are fully paid by the customer which hereby expressly agreed that the seller shall retain full ownership of the goods he has delivered until such time as the goods have been paid for in full. In the event of default we shall reserve the right to cancel the sale and to collect the goods even if they have already been forwarded to a third party, at the buyer’s expense, in which case the latter shall moreover be liable for damages of 20 % of the order price.
VIII - CLAIMS & RETURNS
Products sold must be inspected when received. In case of missing or damaged goods during transport, the buyer must make the necessary comments on the delivery of the goods upon receipt. These comments must be confirmed by registered letter with recorded receipt on the products delivery date. Any claims put after the delivery date will be denied. Any returns that we did not authorize previously will be refused. In the case of a claim put in due time, justified and that we accept, products with defect will be replaced at no additional cost.
IX - GUARANTEES
Made in WAW ! assures you that all the products on it’s brochure and catalog are exclusively made in France or Europe. In all the cases, Made in WAW ! could not be held liable for non compliance with of the regulations of the country of reception, the responsibility for Made in WAW ! being systematically limited to the value of the product blamed, value on its date of sale and this without possibility of recourse towards the brand or the producing company of the product.
X - FORCE MAJEURE
Deliveries can be partly or totally stopped if there is a problem in production, supply or delivery, by reasons beyond Made in WAW !‘s control including but not limited to factory breakdowns, general strikes, natural disasters or market shortage of raw materials necessary to the production of the invoiced products. Under such circumstances, the vendor Made in WAW ! will not be responsible for the non delivery of products. If there is a dispute, an amicable solution will be sought by both parties before any recourse to law.
XI - LEGAL COMPETENCY
The present terms and conditions are governed, interpreted and applied according to French law. The French language is to be used in the event of a dispute about the meaning of a term or a disposition in the conditions of sale and of use here present. Any litigation related with this contract will be judged in France under the jurisdiction district of Tours .
XII - LÉGAL NOTICE
It is mandatory to collect personal information when dealing by mail order, these pieces of information are necessary for delivery purposes and establishing order forms and issuing invoices.
Failing to supply this information will cause the non validation of an order. According to the data protection act of January 6th, 1978 modified in 2004, the customer posses the right to access and require rectification of the personal information that has been collected. If you wish to enforce this right and obtain the information, please contact us at firstname.lastname@example.org. Furthermore, Made in WAW ! shall not to communicate, either free of charge or for compensation, the address and telephone numbers of its customers to a Third Party.
The buyer confirms that he has taken cognizance of and accepted our general terms and conditions of sale, available on demand and also published on our website: www.madeinwaw.com
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