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1. Application of the general conditions of sale – Opposability of the 7. Deliveries - dispatch
general conditions of sale
The delivery times are given for purely indication purposes, without gua-
The purchase of any product or service from the seller implies full accep- rantee.
tance of these general conditions of sale, without reservation. Any delay cannot bring about cancellation of the order, a refusal to take
Unless formally agreed in writing by the seller, no special condition may delivery of the goods or any indemnifi cation payable by the seller.
take precedence over these general conditions of sale. Any condition to the All goods travel at the risk and peril of the buyer, whatever the method of
contrary opposed by the purchaser will, therefore, not be opposable to the transportation and the payment terms of the transportation cost, free-de-
buyer, unless expressly accepted. livered or freight-forward. It is up to the buyer to verify the quantities and
Should the seller, at any given time, not assert any of these general condi- sound state of the goods at the time of delivery.
tions of sale, such act cannot be interpreted as a waiver from asserting any ANY DEFECT OR SHORTAGE AT THE TIME OF DELIVERY
of the said conditions at a later date. MUST ESSENTIALLY BE NOTIFIED IN WRITING ON RECEIPT
2. Acceptance of orders OF THE GOODS. NO CLAIM WILL BE CONSIDERED AFTER
All orders received by the seller, either directly or through its representa- THIS DEADLINE.
tives, shall only be considered as accepted if they do not give rise to any 8. Force majeure
written opposition thereto by the seller within a time limit of 8 days from The seller shall be fully released from its delivery obligation in case of
their receipt. force majeure, i.e. in case of any external, unforeseeable event or event
Moreover, orders or acceptances of quotations must be accompanied by outside of its control; in particular in case of mobilisation, war, general
buyer’s remittance of a down payment, in respect of which the percentage or partial strike, lock-out, requisition, fi re, fl ood, interruption in or delay
of the total amount incl.VAT is calculated in the quotation, so as to be to transportation services, raw material shortage, tooling problems or any
fi rm and fi nal. other cause hampering the activity of the seller’s company or its suppliers’
3. Price companies, or bringing about a total shut-down or short-time working for
it or its suppliers.
Only valid shall be the prices in force on the day of placing the order, and
they will be revisable in case of request for deferred delivery. The prices are 9. Catalogues – Product specifi cities
given in euros, exclusive of tax, ex. works, not including packaging. The The dimensions of products stated in the catalogues are overall dimen-
packaging and transportation costs remain payable by the buyer, and will sions, according to the presentation of the lights, including lampshade,
be calculated according to weight, volume and destination. For free-delive- glassware or bulbs.
red terms including packaging, please refer to the tariff in force. The photographs and technical specifi cities of the products shown in the
4. Payment terms catalogues shall have no contractual value. Due to printing diffi culties, cer-
Any fi rst business shall be paid on cash terms (cash on dispatch or against tain differences in decor shades, or the colours of glassware and accessories,
pro forma invoice). may arise. Likewise, the seller cannot be held responsible for possible errors
in the specifi cities and/or prices of the products.
A request for opening an account must be sent together with a business
registration certifi cate (extrait K-bis) or a registered (SIREN) number and Furthermore, the seller reserves the right at any time to make any modifi -
a bank identifi cation form (RIB). Payments shall be made, after remittance cation to its products so as to assure their conformity with safety standards
of the fi rst down payment on ordering, according to the payment dates or any applicable regulation, providing their quality or performance is not
shown in the invoice or, otherwise, on the 31st day following the date substantially reduced. The needs of manufacturing may also lead to a mo-
of receipt of the goods, by bank transfer, by cheque, by draft or in cash difi cation in the composition or appearance of the models/designs, or even
(within the limits specifi ed by law). For export orders, payment shall be their withdrawal from the collection.
made by bank transfer prior to dispatch. In case of payment by cheque, 10. Warranty
said cheque must be raised on a bank domiciled in metropolitan France. Complaints concerning conspicuous defects or lack of conformity in the
This cheque shall be cashed immediately. In case of delay in payment by products must be formulated to the seller in writing. It is up to the buyer
the dates fi xed, the sums owing will bear interest at the rate applied by to supply any proof with respect to the reality of the defects or anomalies
the European Central Bank (Refi or Repo rate) plus 7 percentage points, found. Goods with recognised defective conformity notifi ed within a time
without being below 1.5 times the statutory interest rate. These penalties limit of one year will be replaced or have their recognised defective parts
shall be due without the need of formal notice. They shall run, by right, repaired, excluding any other compensation. The buyer must give the sel-
as from the day following the payment date shown in the invoice or, othe- ler every facility to ascertain these anomalies and remedy them. It will
rwise, from the 31st day following the date of receipt of the goods or per- abstain from rectifying them itself, or from having them rectifi ed by a third
formance of the service. The seller, moreover, reserves the right in this case party. Should the aforesaid not be observed, the warranty can no longer
to suspend or cancel pending orders, this being without prejudice to any apply. Faults and damage caused by natural wear and tear of the product,
damages. Failure to pay any amount due shall bring about the immediate by external accident or poor maintenance of the appliances, are excluded
payability of all other amounts owing. from the warranty. The goods may only be returned with the seller’s prior
In case of deferred delivery requested by the buyer, full payment will be agreement. The costs of returning to factory shall be payable by the buyer,
due by the dates fi xed at the time of ordering. and the return to buyer will be payable by the seller. ANY EXCHANGE
5. Reservation of ownership clause OF GOODS ALWAYS REQUIRES PRIOR RETURN OF THE DE-
FECTIVE PART OR APPLIANCE.
THE SELLER RESERVES OWNERSHIP OF THE GOODS DELIVE-
RED UNTIL FULL PAYMENT OF THE PRINCIPAL AMOUNT OF Repairs carried out outside of the seller’s company cannot give rise to any
THEIR PRICE AND ANY INTEREST. refund. If necessary, in case of the warranty not being applicable, a quota-
tion for repairs will be given to the buyer. The period of the goods being
THE BUYER UNDERTAKES, AS LONG AS OWNERSHIP OF THE out of service cannot give rise to any compensation.
PRODUCTS HAS NOT BEEN TRANSFERRED TO IT, TO KEEP
THE PRODUCTS SAFELY, TO INSURE THEM AND TO IDEN- 11. Responsibility linked to the products
TIFY THEM AS OWNED BY THE SELLER. The seller may in no case be held responsible for damage/loss or accidents
Until transfer of ownership has taken place, the seller reserves the right linked directly or indirectly to poor use by the buyer of the products sold.
to demand the return of the products or, in case of the buyer’s refusal, 12. Intellectual property
to retake possession of the products. The buyer undertakes to return the All models/designs are the exclusive property of the seller and are protected
product to the seller in its original condition. by the law on “copyright in artistic works”. Their reproduction, even par-
6. Termination of the order tial reproduction, is strictly prohibited. The catalogues are entrusted to the
Upon placing of an order or acceptance of a quotation, the buyer makes buyer; on this account, return thereof may be demanded at any time.
a down payment, i.e. a fi rst payment on the sale price that has become 13. Attribution of jurisdiction
fi rm and fi nal. ALL DISPUTES OR COMPLAINTS CONCERNING THE SALES
If the buyer renounces this order that has been accepted by the compa- SHALL FALL UNDER THE EXCLUSIVE COMPETENCE OF THE
ny - for whatever reason - it will be unable to claim refund of the down COMMERCIAL COURT OF PARIS, IRRESPECTIVE OF THE
payment(s) made upon placing the said order. It may also be required to AGREED PAYMENT TERMS, AND EVEN IN CASE OF THIRD
pay compensation in favour of the seller. Should the seller not deliver the PARTY NOTICE OR MORE THAN ONE DEFENDANT.
agreed goods - this apart from any problem of delay in the delivery - it
must refund the down payment, without being liable to pay any other
indemnity.

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