Terms and Conditions of Sale
Clause 1: Purpose and scope of application
The present general terms and conditions of sale ("GTC") detail the rights and obligations of Geobsys SAS, located at 2b rue Alfred Nobel, 77420 Champs-sur-Marne, France (hereinafter referred as the "Seller") with respect to all sales concluded by the Seller with natural persons or professional legal entities (hereinafter referred as the "Customer(s)"), having as their object the products offered for sale on the website www.geobsys.com (hereinafter referred as the "Site").
The Customer declares that he has read and accepted the general sales conditions prior to placing an order. Acceptance of a quotation or order form therefore implies acceptance of the general terms and conditions of sale.
The Seller reserves the right to derogate from certain clauses of the present contract, depending on the negotiations conducted with the Customer, by drawing up special conditions of sale.
Clause 2: Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and are indicated exclusive of tax and exclusive of delivery and transport costs. Consequently, prices will be increased by the VAT rate applicable on the day of the order in the case of orders delivered in France.
All taxes, levies, contributions or other services payable in application of French legal provisions or those of an importing or transit country, are at the Customer's expense.
The Seller reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated on its Site when the order is registered, subject to availability on the date.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that the Seller may grant on the basis of its results or the assumption by the Customer of certain services.
Clause 4: Terms of payment
Payment for orders must be made:
- by bank transfer, using the IBAN indicated on the invoice;
- by credit card, directly online via the secure payment system set up on the Site.
No discount will be granted by the Seller for early payment.
Payments must be made no later than 30 days following receipt of the goods.
Clause 5: Late payment
In the event of total or partial non-payment of goods delivered on the due date, the Customer shall pay the Seller a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods.
This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.
In addition to late payment penalties, any sum not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs, in application of articles L441-10 and D441-5 of the French Commercial Code. The Seller reserves the right to ask the Customer for additional compensation if the collection costs actually incurred exceed this amount, on presentation of supporting documents.
Clause 6: Cancellation clause
If, within fifteen days of the implementation of the "Late payment" clause, the Customer has not paid the outstanding sums, the sale will be automatically cancelled and may give rise to a claim for damages against the Seller.
Clause 7: Retention of title clause
The Seller retains ownership of the goods sold until full payment has been received. In this respect, if the Customer is the subject of receivership or liquidation proceedings, the Seller reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.
Clause 8: Delivery date
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the Customer to:
- the award of damages;
- cancellation of the order.
Clause 9: Delivery
Delivery is made either by direct handover of the goods to the Customer, or by delivery to a carrier. Goods ordered are delivered Ex Works. Transport risks (loss, theft, etc.) are fully borne by the Customer until the goods reach their destination.
In the event of missing or damaged goods in transit, the Customer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the Seller.
Clause 10: Force majeure
The Seller may not be held liable if the non-performance or delay in performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1218 of the French Civil Code.
Clause 11: Withdrawal and returns
The Customer has 14 days from the date of delivery to exercise his right of withdrawal, without having to give any reason or pay any penalty. Returned products must be in their original condition, complete, clean and in a state that allows them to be resold as new.
All returns must be preceded by a formal agreement between the Seller and the Customer.
The Customer is responsible for all return transport costs. However, in certain cases, and exclusively with the Seller's agreement, the Seller may assume the return transport costs.
Clause 12: Warranty
The Seller will take the utmost care in the execution of the order and in the quality of the products. In the event of a defect recognized by the Seller, the latter's obligation will be limited to the replacement or reimbursement of the defective quantities, without further compensation. Defects and damage resulting from storage, handling, transport or use in abnormal conditions or conditions which do not conform to the nature, specifications or suitability for use of the product are excluded from the warranty.
Clause 13: Applicable law
These terms and conditions are governed by French law.
In the event of a dispute or claim, the Customer should first contact the Seller for an amicable agreement.
Failing amicable settlement, the dispute will be referred to commercial court of Meaux (77100, France).
Updated on September 24, 2023.