Terms and Conditions of Sale

Contents

• Purpose and Scope
• Orders
• Products
• Guarantee
• Prices
• Shipping Costs
• Discounts
• Terms of Payment
• Late Payments
• Resolutive Condition Clause
• Returns
• Delivery
• Reservation of Ownership
• Passing of Risk
• Limitation of Liability
• Force Majeure
• Competent Court
• HÉVÉA’s Address and Contact Information
  
  

Purpose and Scope

These Terms and Conditions of Sale make up the base of commercial negotiations.

The Terms and Conditions of Sale found below specify the rights and obligations of HÉVÉA and its customers during the sale and purchase of merchandise.

Any acceptance of a quote/purchase order that includes the clause ‘I acknowledge having read and accepted the attached Terms and Conditions of Sale’ implies unconditional acceptance of these Terms and Conditions of Sale by the buyer.

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Orders

Orders are taken via the website or by phone, email, fax, or letter.

Any order we receive implies the formal acceptance of our Terms and Conditions of Sale, even if stated otherwise on the customer documents.

As a general rule, back orders are retained.

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Products

The details in our ‘general documentation’ are for informational purposes only and can be changed without notice.

The texts, photos, and drawings are non-contractual and subject to change without notice.  We do not guarantee that the product delivered is exactly the same as shown. The various renderings are for informational purposes only and are not binding.

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Guarantee

We guarantee our products against any manufacturing defects within the limits granted by the manufacturers. The guarantee is not valid in the case of misuse of the equipment.

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Price

The prices of merchandise sold are those in effect on the date the order is placed. The prices are shown in euros and do not include tax. Consequently, prices will increase according to the VAT rate and the applicable shipping fees on the order date.

HÉVÉA reserves the right to modify its prices at any time. Nevertheless, HÉVÉA commits to invoicing the ordered merchandise at the price indicated when the order was placed.

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Shipping Costs

• Mainland France + coastal islands + Corsica:
  • For any order under €50 (not including taxes), a flat fee of €7.99 (not including taxes) will be applied to the invoice.
  • For any order under €150 (not including taxes), a flat fee of €13 (not including taxes) will be applied to the invoice.
• Switzerland: The actual shipping costs will be charged to the customer regardless of the invoice amount.
• Europe (except mainland France + coastal islands + Corsica): For any order under €800 (not including taxes), a flat fee of €18 (not including taxes) will be applied to the invoice.
• Other countries + French overseas departments and territories: The actual shipping costs will be charged to the customer regardless of the invoice amount.

If the customer requests a product exchange, the customer will be responsible for the shipping fees.

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Discounts

No discounts will be granted in the case of advance payment.

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Terms of Payment

Payment of orders will be carried out according to the terms negotiated with the Sales Department. HÉVÉA reserves the right to adapt the payment method to the customer’s situation.

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Late Payments

In the event of partial payment or non-payment for merchandise delivered on the due date, the buyer must pay a late payment penalty fee to HÉVÉA equal to three times the legal interest rate.

The determining legal interest rate is the one in force on the delivery date of the merchandise. Beginning 1 January 2015, the legal interest rate will be revised every six months (French Order No. 2014-947 of 20 August 2014).

This penalty is calculated using the remaining amount due, including taxes, and accrues beginning at the due date without the need for prior formal notice. In addition to late payment penalty fees, any amount, including the deposit, that remains unpaid at the due date will automatically give rise to a €40 flat rate fee for recovery costs (Articles 441-10 and D. 441-5 of the French Commercial Code).

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Resolutive Condition Clause

If the buyer has not paid the remaining amounts due within the 15 days following the implementation of the ‘Late Payments” clause, the sale will be cancelled ipso jure, and HÉVÉA could be entitled to damages and interest.

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Returns

Returns are only authorised if HÉVÉA has accepted them in advance after receipt of the return form and under the following terms: The products must arrive at HÉVÉA unused, in perfect condition, in their original packaging with the original instructions, and within one month following the acceptance of return. If applicable, HÉVÉA will reimburse the price fully. If not, HÉVÉA will apply an adjusted reduction of at least 10% from the credit note.

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Delivery

Delivery is carried out by the delivery of merchandise at the address indicated by the buyer on the purchase order.

The delivery date indicated when placing the order is approximate and not guaranteed. HÉVÉA cannot be held liable for late deliveries. Consequently, any reasonable delay in delivering the products shall not entitle the buyer to:

• Allocation of damages and interest
• Cancellation of the order

The buyer shall bear the carriage risks in full. In the event of products missing or damaged during shipping, the buyer must note all of the necessary reservations on the purchase order when these goods are received. Moreover, these reservations must be confirmed in writing within five days of delivery by registered letter with acknowledgement of receipt addressed to HÉVÉA.

Delivery is carried out through direct handover to the customer or by a haulier our company chooses. Even when shipped ‘free of charge’, the customer bears responsibility for the risks of the goods. Upon delivery, the customer must notify the haulier of any reservations regarding the haulier's waybill, which must be confirmed by registered letter within 48 hours. HÉVÉA must also receive a copy.
Delivery dates are approximate. The customer cannot refuse all or part of the ordered merchandise due to any changes in these dates. The provisions in this clause will not affect the performance of the provisions in the ‘Reservation of Ownership’ clause.

All our deliveries are done in person with a customer signature. No claims will be considered if the haulier and the customer agreed upon any other delivery terms.

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Reservation of Ownership

HÉVÉA maintains ownership of merchandise sold until full payment of the price (principal and ancillary costs). In this respect, if the buyer is subject to court-ordered reorganisation or liquidation, HÉVÉA reserves the right to claim, within the structure of collective proceedings, the merchandise sold that has remained unpaid.

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Passing of Risk

Notwithstanding the Reservation of Ownership clause cited above, the passing of risks to the customer is at delivery, except if expressly stated otherwise on the order confirmation. The occurrence of an event causing the loss, deterioration, or destruction of the products before full payment by the customer does not release the customer from the obligation to pay. The customer is expected to have insurance covering the risks of loss or deterioration of the product until full payment of the price. HÉVÉA can decide to receive an indemnity payment directly from the insurer if the customer agrees, but the customer will remain liable for the difference between the indemnity payment and the damages suffered by HÉVÉA.

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Limitation of Liability

HÉVÉA cannot be held liable for:

• Non-performance of its obligations stemming from either an unforeseeable and insurmountable act of a third party or in the event of force majeure.
• Direct or indirect damages caused by the use or maintenance of a product that does not comply with HÉVÉA instructions or the rules and good practices governing the user’s activity.
• The inability to buy, sell, or use the products because of a product recall ordered by HÉVÉA, one of our suppliers, or a competent authority.

Except where in conflict with existing laws, HÉVÉA’s contractual liability will not exceed the amounts paid by the customer for the purchase of the disputed products.

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Force Majeure

HÉVÉA cannot be held liable for the non-performance or delay in performance of one of its obligations listed in these Terms and Conditions of Sale resulting from a case of force majeure. In this respect, force majeure means any unforeseeable, insurmountable, exterior event within the meaning of Article 1148 of the French Civil Code.

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Competent Court

Any disputes related to the interpretation and performance of these Terms and Conditions of Sale are subject to French law. If no amicable agreement can be reached, the Commercial Court in Romans-sur-Isère, France, will have sole jurisdiction.

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HÉVÉA’s Address and Contact Information

• Headquarters: SARL HÉVÉA - 1355, Chemin de Malombre - Z.I Les Plaines - 26780 Malataverne - France
• Telephone: +33 4 75 51 69 72
• Fax: +33 4 75 51 69 15
• Email: contact@elagage-hevea.com

Bank Details

• BNP PARIBAS Bank
• Bank account information: 30004 02827 00010034001 45
• Routing number: FR76 3000 4028 2700 0100 3400 145
• SWIFT Code (BIC): BNPAFRPPXXX

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