1. Formation of the contract
Any order implies firmly the customers agreement on the Etigo’s general conditions.
No contrary clause can be inserted by the purchaser unless the seller formally accepts it in writing.
In the case of a change to some clauses of the conditions, all other provisions remain applicable between the parties.
An accepted order cannot be cancelled without the seller’s agreement.
Photographs, characteristics, dimensions, weight etc that are mentioned in catalogues or any other supports are just indicative. The seller may bring any change which looks appropriate, even after receiving the order, as long as the very essential characteristics are not changed.
3. Deliveries and reception of the goods
a/ Delivery times
Our delivery periods are given as an indication. Delays of delivery do not place for the customer with allowances and compensations, nor the right of cancelling the order. Etigo will not be liable to any consequential loss or costs due to a delivery delay.
In any case, delivery times can only be respected if documents or other elements to be endorsed are accepted by the customer within the 24 hours of their presentation.
Failure to promptly return confirmations, may result in delivery delays
If terms of delivery were negotiated, they would be prolongated in case of major force.
When transport is organized through Etigo, the customer must check when goods are received if they are not damaged and that quantity is correct. If there is any problem the buyer must write it down on the transport bill, in a clear way. It must be confirmed by a recommended letter with acknowledgement of receipt to the carrier within 3 days.
If this is not respected, the buyer’s responsibility may be engaged.
In addition to the information given to carrier, any claim or damage on the delivered products must be written down to the seller, up to 3 days following their reception. The buyer must justify and prove the claim, and let the seller be able to check the issue.
If it is proven responsibility is seller’s, seller will be free to proceed to repair or replacement of the goods.
Seller is not responsible for any damage caused by its goods or material, direct or indirectly. If its responsibility were to be questioned, the maximum amount of the claim could not be superior to the paid price by the buyer for these goods.
5.Conditions and delays of payment
Our terms of payment are 30 days. No discount will be accepted in the case of prepayment.
The customers based outside of France will have to send with payment (by Pro-Forma invoice) before consignment of the goods can be despatched.
Any delay of payment implies a penalty calculated on the basis of three times the legal rate of interest in force.
In the case of recoveries by court order, or debt collection agency we reserve the right to increase this interest amount to 10% with a minimum amount of 40 EUROS.
If the buyer’s situation has become worst, we have a right, even after sending part of an order, to demand from the buyer guarantees, before the balance of the order can be fulfilled. In case of refusal the Seller can cancel all or part of the agreement.
6. Court of competent jurisdiction
In the event of litigation, the commercial court of Roubaix Tourcoing, France is the only qualified, even in the event of of multiple defendants or call of guarantee.
The goods remain the exclusive property of the seller until t full payment of the invoice.
In the case of restitution of the goods, any paid sum will remain the property of the seller, but the purchaser is responsible for all risks as soon as the goods leave our warehouse.
in the event of litigation, the commercial court of Roubaix Tourcoing is only qualified even in the event of plurality of defendants or call of guarantee.
7. Reserve property
The goods remain the exclusive property of the seller before the totall payment of the price.
In the case of restitution of the goods the versed sums will on the other hand remain sure with the salesman of the pleasure of the goods from which the customer will have profited, but this last will assume alone the risks as of the exit of our warehouses.