DEFINITION OF THE PARTIES
Between the Company Camille Ambiance Nature,
22, allée de la Ficherelle - ZI de la croisette - 88800 VITTEL
with a share capital of 400.000,00€,
registered in the Trade and Companies Register of NORROY,
under the number SIRET 81764661500044,
represented by Vatrey Geoffrey
in his capacity as Manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the individual or legal entity purchasing products or services from the Company,
Hereinafter, the "Buyer", or "Customer".
On the other hand,
PREAMBLE
The Seller is a publisher of fashion and wellness products and services marketed through its website (https://camille-ambiance-nature.fr). The list and description of goods and services offered by the Company can be consulted on the above-mentioned site as well as its sales pages.
Article 1 - Content and scope of application
Any order of products implies the acceptance without reserve by the customer and his full and complete adhesion to the present general conditions of sale which prevail on any other document of the customer, and in particular on any general conditions of purchase, except express agreement of the supplier.
The present general conditions of sale apply to all sales of the supplier's products, except for specific agreement prior to the order contained in writing between the parties. Consequently, the placing of an order by a customer implies the latter's unreserved adherence to the present general terms of sale, except in the case of specific conditions agreed in writing by the supplier to the customer.
Any other document than the present general conditions of sale and in particular catalogs, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual.
The present general terms and conditions of sale are communicated to any customer who requests them, in order to enable him to place an order with the supplier, as well as to any distributor prior to the conclusion of a single agreement referred to in Article L. 441-7 of the French Commercial Code, within the legal deadlines.
The supplier reserves the right to derogate from certain clauses of the present, according to the negotiations carried out with the purchaser, by the establishment of particular conditions of sale. The supplier can, moreover, establish categorical general conditions of sale, derogating from the present general conditions of sale, according to the type of customers considered, according to criteria which will remain objective. The operators meeting these criteria will then have these categorical general sales conditions applied.
Article 2 - Intellectual Property
All technical documents, products, photographs given to our customers remain the exclusive property of Camille Ambiance Nature, SARL with a capital of 400.000 €, whose head office is located at 22, allée de la Ficherelle - ZI de la croisette - 88800 VITTEL - FRANCE, RCS EPINAL 817 646 615, N° TVA intracommunautaire : FR74 817 646 615, telephone 03.29.08.53.47, e-mail : contact@ca-nature.com, the only holder of the intellectual property rights on these documents, and must be returned to him on request. Our customers commit themselves not to make any use of these documents, likely to attack the industrial or intellectual property rights of the supplier and commit themselves not to reveal them to any third party.
Article 3 - Orders
3.1 Definition. Any sale is perfect only as from the express and written acceptance of the order of the customer, by the supplier. By this order, it is to be understood any order relating to our products appearing on our Rates, and accepted by the supplier. The order must be confirmed in writing by means of an order form duly signed by the customer. As soon as it is received, it has an irrevocable character.
3.2 Modification. Orders transmitted to the supplier are irrevocable for the client, unless the supplier accepts them in writing. Any request to modify the composition or volume of an order placed by a client may only be taken into account by the supplier if the request is made in writing, in any form whatsoever (fax, e-mail, etc.) and is received by the supplier no later than 8 days after the supplier receives the initial order. In case of modification of the order by the client, the supplier will be released from the agreed deadlines for its execution.
3.3 All orders placed by a professional cannot be less than one hundred euros (100€) excluding VAT and excluding shipping costs.
In case of return of products, a handling fee of twenty-five euros (25.00€) HT will be charged to the customer if the final invoice after reimbursement of the returned items is less than one hundred euros (100€) HT.
Article 4 - Deliveries
4.1 Delivery time. The order shall give rise to a delivery period set out on our order form. The delivery time starts from the reception of the order form. This delivery time is given for information purposes only and is indicative, as it depends in particular on the availability of carriers, the conditions of transport and traffic on the road and the order of arrival of orders. The supplier endeavors to respect the delivery time indicated at the acceptance of the order, according to the logistic time of reference in the profession, and to carry out the orders, except in the event of force majeure, or in the event of circumstances out of its control, such as strikes, freezing, thawing barrier, fire, storm, flood, epidemic, difficulties of provisioning, without this list being exhaustive. Delays in delivery cannot give rise to any penalty or compensation, nor can they motivate the cancellation of the order, any clause to the contrary appearing in the client's general conditions of purchase being unenforceable against the supplier. Any delay in relation to the indicative delivery period initially planned shall not justify cancellation of the order placed by the client and recorded by the supplier.
4.2 Break in supply. In the event of a break in supply, due for example, without this being exhaustive, to the cessation of extraction in the mines from which our products come, the supplier undertakes to inform the customer within 30 days of the information which will have been made to him by his suppliers. The customer will have the faculty to ask for the cancellation of the order or the replacement by similar products as far as possible, to be agreed between the parties.
4.3 Transfer of ownership and risk. The transfer of property will intervene only after the complete payment of the price by the purchaser, whatever the date of delivery. The transfer of the risks of loss and deterioration of the products of the supplier will be carried out as of the delivery and reception of the products by the purchaser.
4.4 Transport. It is up to the customer, in the event of damage of the delivered goods or of missing goods, to carry out all the necessary reserves near the conveyor and to inform the supplier of any missing or of any damage. All products not having been the subject of reserve by registered letter with AR in the ten (10) days of its reception near the conveyor, in accordance with the article L 133-3 of the code of trade, and of which copy will be addressed simultaneously to the supplier, will be considered accepted by the customer without reserve.
4.5 Receipt. Without prejudice to the provisions to be taken by the customer with respect to the conveyor such as described above, in the event of apparent defects, or of missing, any complaint, that it is nature, relating to the delivered products, will be accepted by the supplier only if it carried out in writing, in letter registered with AR, within the time of ten (10) days envisaged above.
It is up to the buyer to provide all the justifications as for the reality of the defects or lacks noticed.
No return of goods will be able to be carried out by the customer his prior express agreement, written, of the supplier, obtained in particular by telefax or electronic mail.
The return costs will only be charged to the supplier in the event that an apparent defect, or missing items, is actually found by him or his representative.
Only the carrier chosen by the supplier is authorized to return the products concerned.
When after control an apparent defect or a lack is effectively noted by the supplier or his agent, the customer will be able to ask the supplier only for the replacement of the nonconforming articles and/or the complement to be brought to fill the lacks with the expenses of this one, without this last being able to claim with an unspecified allowance or the resolution of the order.
The unconditional acceptance of the products ordered by the customer covers any apparent defect and/or shortage.
Any reservation must be confirmed in accordance with the above conditions.
The complaint made by the purchaser under the conditions and according to the methods described in this article does not suspend the payment by the customer of the goods concerned.
The responsibility of the supplier cannot in no case to be called into question for facts in the course of transport, of destruction, damage, loss or flight, even if it chose the conveyor.
4.6 Suspension of deliveries. In the event of non-payment in full of an invoice that has fallen due, after formal notice has remained without effect within 48 hours, the supplier reserves the right to suspend all current and/or future deliveries.
4.7 Delivery subject to cash payment. All orders that the supplier agrees to execute are done so on the basis that the client presents sufficient financial guarantees and that he will effectively pay the sums due on their due date, in accordance with the law. Also, if the supplier has serious or particular reasons to fear payment difficulties on the part of the client on the date of the order or subsequent thereto, or if the client does not present the same guarantees as on the date of acceptance of the order, the supplier may make acceptance of the order or the continuation of its execution conditional upon cash payment or the provision of a guarantee by the client in favour of the supplier. The supplier shall also have the right before the acceptance of any order, as well as during its execution, to require from the client communication of its accounting documents, and in particular of the profit and loss accounts, even provisional, enabling it to assess its solvency. In the event of refusal by the customer of the cash payment, without any sufficient guarantee being proposed by this last one, the supplier will be able to refuse to honor the placed orders and to deliver the goods concerned, without the customer being able to argue of a refusal of unjustified sale, or to claim any compensation.
Article 5 - Refusal of order
In the event that a customer places an order with the supplier without having paid for the previous order(s), the supplier may refuse to honor the order and deliver the goods concerned without the customer being able to claim any compensation whatsoever, for whatever reason.
Article 6 - Rate - Price - Schedule - Payment terms
6.1 Rate. The Rate in force may be revised at any time, after prior information of our customers.
Any price change will automatically be applicable on the date indicated on the new price list.
6.2 Prices. The prices are fixed by the Rate in force on the day the order is placed. They are always exclusive of taxes on packaged products, ex-warehouse, excluding transport costs. Our prices are established carriage in addition, except prior express agreement with the customer. The fact that the shipment is made carriage paid, does not modify the above rules and the effects attached to the date of availability of the goods in our stores.
The prices are calculated net and payable according to the terms below.
Unless otherwise agreed, delays in delivery do not entail cancellation or modification of the contract. They cannot give rise to damages. Penalty clauses appearing on the commercial papers of our customers are not opposable to the suppliers.
The execution deadlines appearing in an order are only accepted by the supplier and only commit him under the following conditions: respect by the customer of the payment conditions, timely delivery of the technical specifications, absence of force majeure, social, political, economic or technical events hindering the progress of our supplies.
6.3 Payment terms. see article 8.2 of the General Terms and Conditions
Article 7 - Price reduction
The purchaser benefits from the discounts and rebates appearing in the supplier's Rates, according to the quantities acquired or delivered at one time and one place, or to the regularity of its orders.
Article 8 - Payment
8.1 Cash on delivery. The price is payable in cash, in full, upon delivery. Only the effective cashing of the drafts or LCR will be considered as valid full payment in the sense of the present general conditions of sale.
8.2 With prior agreement of the company Camille Ambiance Nature, the price is payable within 30 days (For a minimum of 200 € HT minimum order) from delivery as follows: 50% cash, 50% at 30 days, or 60 days (For a minimum of 300 € HT minimum order) from delivery as follows: 34% cash, 33% at 30 days, 33% at 60 days. This period, which will be counted from the date of issue of the invoice, will be mentioned on the invoice sent to the buyer for customers based in metropolitan France. The payment in several times is not eligible for customers outside France. This measure can only be applied from the second order and under the condition that no other monthly payment is pending.
8.3 Non payment. Any amount including VAT not paid on the due date shall give rise to the payment by the customer of penalties fixed at three times the legal interest rate. These penalties are payable by right and will be automatically charged to the customer's account.
The supplier reserves the right to refer the matter to the competent court in order for it to put an end to this non-performance, subject to a daily penalty per day of delay.
Finally, the Supplier also reserves the right to suspend or cancel the delivery of outstanding orders.
8.4 Collection costs. In the event of delay of payment, the purchaser will owe a fixed compensation for expenses of recovery of an amount of 40 € as of right and without preliminary notification. The supplier can ask the purchaser for an additional compensation if the expenses of recovery effectively engaged exceed this amount, on presentation of justifications.
Article 9 - Reservation of ownership
The transfer of ownership of the products is suspended until full payment of the price of these by the customer, in principal and accessories, even in the event of granting of a payment deadline. Any clause to the contrary, in particular inserted in the general conditions of purchase, is deemed unwritten, in accordance with Article L.624-16 of the Commercial Code.
By express agreement, the supplier may enforce the rights it holds under the present retention of title clause for any of its claims, on all of its products in the client's possession, the latter being conventionally presumed to be those unpaid, and the supplier may take them back or claim them as compensation for all its unpaid invoices, without prejudice to its right to cancel the current sales. The purchaser is authorized, within the framework of the normal operation of its establishment, to resell the delivered goods, but it may neither pledge them nor transfer the ownership thereof by way of guarantee. The supplier may also demand, in the event of non-payment of an invoice on the due date, the cancellation of the sale after sending a simple formal notice. In the same way the supplier will be able unilaterally after the sending of a formal notice, to draw up or make draw up an inventory of its products in possession of the customer, who commits himself from now on, to leave free access to his warehouses, stores or other for this purpose, so that the identification of the products is always possible. In the event of the opening of insolvency proceedings or liquidation of assets, outstanding orders shall automatically be cancelled and the supplier shall be entitled to claim the goods in stock. This clause does not prevent the risk of the goods from passing to the purchaser upon delivery to him. From the time of delivery, the purchaser shall be deemed to be the custodian of the said goods. In the event of non-payment and unless the supplier prefers to request full performance of the sale, the supplier reserves the right to terminate the sale after formal notice and to reclaim the goods delivered, the return costs being borne by the purchaser and the payments made being acquired by the supplier as a penalty clause.
Article 10 - Warranty for apparent and hidden defects
Apart from the legal requirements, the contractual guarantee for hidden defects is limited to a period of 30 days from the date of delivery. This guarantee covers the non-conformity of the products to the order is any hidden defect, resulting from a defect of material, design or manufacture affecting the delivered products and making them unfit for their use. In these conditions the supplier will replace or have replaced the products under guarantee. The products must be checked by the customer as of their delivery, and any complaint, reserve or dispute relating to the lacks and apparent defects, must be carried out under the conditions fixed according to the articles above. In case of apparent defect, the defective parts are replaced by our care, subject to verification of alleged defect. The customer will have to provide any justification as for the reality of the noted defects, the supplier reserving the right to proceed, directly or indirectly, with any observation and checking by all means of its choice.
The denunciation of the defects existing at the time of the delivery, and revealed after the reception of the products, will have to be formulated by the customer in writing within 10 (ten) days following the date on which it will have discovered the defect of conformity. No denunciation will be taken into account if it occurs more than 10 (TEN) clear days from the delivery of the products.
No action for non-conformity may be brought by the customer more than 10 (ten) days after delivery of the products. It is expressly agreed by the acceptance by the customer of these general conditions of sale that after the expiry of this period, the customer will not be able to invoke the nonconformity of the products, nor to oppose this one in counterclaim to defend itself at the time of an action in recovery of debts engaged by the supplier. If these conditions are not respected, the responsibility of the suppliers towards the customer, because of a hidden defect, cannot be called into question. The defects and deterioration of the delivered products consecutive to abnormal conditions of storage and conservation at the customer, in particular in the event of accident of some nature that it is, will not be able to open right, with the guarantee due by the supplier. Under the guarantee of the hidden defects, the supplier will be held only of the replacement without expenses of the defective goods, without the customer being able to claim with the obtaining of the damages and interests, for some cause that it is.
The supplier guarantees his products against the hidden defects, in accordance with the law, the uses, the jurisprudence, and under the following conditions:
- the warranty applies only to products that have become the property of the buyer;
- it is excluded if our products are used under conditions of use or performance not intended.
The supplier's guarantee only concerns hidden defects. Our customers being professionals, the hidden defects mean a defect of realization of the product making it unfit for its use and not likely to be detected by the purchaser before its acquisition. A design defect is not a hidden defect and our customers are deemed to have received all the information relating to our products. The warranty is limited to the replacement of defective products. The warranty is limited to 30 days. Items are deemed to be used by customers under normal conditions of use.
For all claims: sav@ca-nature.com
Article 11 - Force majeure
Events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, shall be considered as force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.
The following in particular are considered to be cases of force majeure or fortuitous events discharging the supplier from its obligation to deliver within the time limits initially planned: exhaustion of deposits or impossibility or disruption of supply of natural resources, strikes, fires, floods, war, epidemics, thawing barriers, roadblocks, disruption of EDF GDF supply or disruption of supply due to a cause not attributable to the suppliers, as well as any other cause of disruption of supply that is not attributable to the other suppliers
In such circumstances, the supplier shall notify the customer in writing, in particular by fax or e-mail, within 24 hours of the date of occurrence of the events, the contract binding the supplier and the customer being then automatically suspended without compensation, as of the date of occurrence of the event. If the event were to last more than 30 days from the date of its occurrence, the sales contract concluded by the supplier and its client may be terminated by the most diligent party, without either party being able to claim damages. This realization will take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.
Article 12 - Withdrawal period
The buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided by the code of consumption.
However, if the professional buyer wishes to make a return, he must contact the supplier and define with him, if he accepts the return.
Only after agreement with the supplier, if there is a return, the products must be sent back under followed mail (or parcel according to products) to the address of the company, and in their packing and labeling of origin. The products which are sold in batch must also be returned in complete batch, without which no refund will be made. The return costs will be charged to the buyer.
The latter has a period of 7 days from the receipt of the goods to make a request for the return of the products. After this period of 7 days and up to 30 days after receipt of the goods, a deduction on the refunds will be applied as follows:
-
from 7 to 23 days: 12%
-
from 24 to 30 days : 20%
After the 30 day period, no returns will be accepted.
Article 13 - Jurisdiction
The election of residence is made by the supplier at 22, allée de la Ficherelle - ZI de la croisette - 88800 VITTEL. Any dispute concerning the conclusion, the application of the present general conditions of sale, their interpretation, their execution, their cancellation, and the sales contracts concluded by the supplier, or the payment of the price, will be brought before the Commercial Court of Épinal, the Court of Appeal of Nancy, whatever the place of the order, the delivery or the payment and the method of payment, and even in the event of appeal in guarantee or of plurality of defendants.
Bills of exchange do not novate or derogate from this jurisdictional clause.
The attribution of jurisdiction is general and applies whether it is a main claim, an incidental claim, an action on the merits or a summary proceeding.
In addition, in the event of legal action or any other debt collection action by the Supplier, the costs of summons, court costs, attorney's fees, bailiff's fees and all ancillary costs shall be borne by the offending customer, as well as any costs associated with or arising from the customer's failure to comply with the payment or delivery terms of the relevant order.
Article 14 - Waiver
The fact that the supplier does not avail itself at a given moment of any of the clauses of the present contract cannot be considered as a waiver of the right to avail itself of these same clauses at a later date.
Article 15 - Applicable law
Any question relating to the general conditions of sale as well as to the sales which they govern, which would not be treated by the present contractual stipulations, will be governed by French law to the exclusion of any other law, and as a supplement, by the Vienna Convention on the international sale of goods.
Article 16 - Acceptance by the buyer
The present general conditions of sale as well as the price lists and scale concerning the discounts, rebates and discounts attached are expressly approved and accepted by the purchaser, who declares and recognizes to have a perfect knowledge of it, and gives up of this fact, to prevail itself of any contradictory document and, notably, of its general conditions of purchase.
Article 17 - Professional customers
The sale of the products by the supplier is reserved for a clientele of professionals falling under certain sectors of activities listed below, namely:
- - Wholesale trade
- Retail trade
- Energy therapists
- Fashion jewelry
- Jewelry
- Beauty salon
- Sale on fair, show and market.
- Distance selling
- Home sales
- Hairdressing salon
- Tobacco shop
The customer must provide the supplier with a K-BIS extract or any other document attesting to its registration in the trade and company register dating from less than 3 months as well as its APE code.
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