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General Terms of Sale
Article 1 - Purpose
The Sid General Terms of Sale detail SID SA and its customer rights and duties when SID SA is selling its goods.
When buying goods from SID SA, the customer totally agrees on these Terms of Sale.
To buy from SID SA the customer must be a professional entity duly registered to its country legal bodies.
Article 3 - Price
The prices of goods sold are the one which are valid on the day of the order. They are expressed in euros and without taxes. It means they will be increased by VAT rate (if applicable, which is not the case if the customer registered in a EU country outside France can provide a valid European VAT number) and shipping cost.
The minimum order is 500 € without taxes. The shipping cost depends on the weight of the goods and the address of delivery.
SID SA can change the prices of its goods anytime. But the company will invoice the goods at the price which was valid at the time they were ordered.
The goods are sold by packs, most of the time by 12 pieces in assorted colors, and thus cannot be unpacked.
Article 4 - Discount for early payment
No discount shall be given for early payment.
Article 5 - Methods of payment
The payment of the order shall be made :
- either before shipment by bank transfer, credit card or cheque (only for France), Rajouté car pas souhaitable de recevoir des chèques de l étranger)
- or when receiving the delivery, by handling the payment to the delivery agent (only for France)
- or after the delivery, if the customer has received the agreement of SID SA.
Any other method of payment enters the frame of specific ways of selling and shall be duly authorized by SID SA.
The choice of the way of payment shall always take into account the approval of a credit line on its customer by the Société Française d’Assurance Crédit (SFAC, credit insurer)
For its first order to SID SA, the customer shall pay by credit card at the time of the order validation or by transfer before shipment of the goods.
Article 6 – Late Payment
In case of non-payment (partial or full) of the goods at the time of the invoice deadline, the buyer shall pay to SID an indemnity for late payment equal to three times the legal interest rate.
This article also applies to the case of non return of the letter of exchange accepted by the customer within the normal period of 15 days. If for internal reason the buyer cannot respect this period of 15 days he shall then inform SID SA who reserves the right to grant or not a new delay for return of the letter of exchange entering thus specific sales conditions.
The rate of the legal interest rate to be considered is the one valid on the day of the goods delivery to the buyer.
The penalty for late payment is calculated on the sums (without taxes) due at the due date of the invoice. No letter is necessary to notify that the payment is overdue.
Article 7 - Termination Clause
If the buyer didn’t pay the sums due to SID SA within 15 days the article 6 came into force the sale shall be terminated and may lead to damages payment in favour of SID SA.
Article 8 - Title retention clause
SID SA remains the owner of the sold goods until they are fully paid.
The payment shall be understood not only as the remittance as a payment title such as a cheque, but as the full transfer of money on the bank account of SID SA.
Using this clause SID SA can claim the ownership of unpaid goods in case the buyer enter safeguard or liquidation procedure.
Article 9 - Delivery
The delivery is made :
- either by direct remittance of the goods to the buyer;
- or by sending information to the buyer that the goods are avaiable at SID SA warehouse;
-or by shipment of the goods to the place indicated by the buyer when placing the order.
Le délai de livraison indiqué lors de l'enregistrement de la commande n'est donné qu'à titre indicatif et n'est aucunement garanti. The delivery time indicated when the order is placed is an estimation and is not guaranteed.
As a consequence if the estimated delivery time is not respected the buyer cannot claim for compensation or cancel its order.
In case of missing items or items damaged during the transportation the buyer shall make all necessary reservations on the delivery bill when he receives the goods.
These reservations shall also be confirmed by a registered letter sent within three days after the delivery time to the forwarder. A copy of this letter shall be sent to SID SA.
In case the goods delivered are not in conformity with the goods ordered, the buyer shall advise the Quality department of SID SA by fax (+33 1 44 54 99 29) within 15 days after the delivery.
Article 10 - Returns
Any goods return shall be accepted by SID SA, except for cases of defect or non conformity.
Any return of goods will generate a credit note in favour of the buyer after the goods returned have been checked in quality and quantity. Any return of goods not accepted by SID SA will be kept at the disposal of the buyer and no credit note shall be generated.
The shipment and risks of the return of the goods are at the buyer expense.
The conformity and quality of goods guarantee that SID SA offers is limited to the establishment of a credit note such as described in this article. No other compensation can be claimed to SID SA. SID SA cannot be responsible for any damage (direct or undirect) resulting from a default of the goods.
Article 11 - Force Majeure
SID SA responsability cannot be implemented if one of its obligation have been not or lately executed due to a case of force majeure.
Force majeure shall be understood as any external event, non predictable and non avoidable such as described in article 1148 of the French Civil Code ; it includes (non exhaustive list) strikes, wars, riots, shortages, political events in France as well as in the country of origin of the goods or in the country of transit of the goods.
Article 12 - Intellectual property
All rights of intellectual property such as brands, copyrights and brands involved in the goods sold by SID SA and that SID SA owns, shall remain its exclusive property.
The buyer shall be authorized to use these rights only when selling goods bought to SID SA.
Article 13 - Applicable law and competent court
Any dispute related to the understanding and execution of the above general sales conditions is subject to the French Law.
The parties agree to exclude the application of the Vienna convention dated April 11th 1980.
If the dispute cannot be settled by amicable arrangement, it shall be presented to the Tribunal de Commerce de Paris even in case of plurality of defendants or garantee appeal.
