Terms and conditions of sale

VALIDITY OF ORDERS

An order will become valid only after reception of a written confirmation by our sales services.

PRICES

Our sales prices are applicable on the order date. They will be revised as soon as an increase in the price of our raw materials or energy occurs. Our prices are exclusive of tax. When we agree on delivered prices, these are understood to be ex-works prices, plus transport costs, customs duties taxes and other contributions. Consequently, any increase in the amount of the costs will automatically, and without notice, lead to a corresponding revision of the agreed price.

DELIVERY

Delivery times are provided as an indication only. In case of late delivery, the buyer may only request the cancellation of the contract after a period of 30 days following formal notice to deliver, sent by registered letter with acknowledgement of receipt. At the time of delivery, the customer has a legal and contractual obligation to check the physical condition and contents of the package(s) received in the presence of the delivery person. Either by himself or by a person authorized by him to receive this delivery. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must imperatively be indicated on the delivery note in the form of detailed, dated, explicit "handwritten reserves" and accompanied by the customer's signature. The customer must report this anomaly to the seller within 10 working days of the delivery date to the e-mail address given for complaints. Any complaint received after this time will be definitively rejected without any possibility of appeal by the customer. Only the damages and anomalies mentioned in the said reservations made by the customer will be taken into account in the resolution of the dispute. Any item of an order not delivered in its entirety shall be considered as a remainder and will be the subject of a cancellation by our services.

CLAIMS

Any missing items or non-conformity must be reported within the time limits indicated in the warranty booklet to the e-mail address indicated for complaints. After this deadline, our merchandise will be considered to be accepted without reservation. Our guarantee commits us only to replace goods recognized by us as being defective, regardless of the circumstances and the prejudice caused to the buyer or the user. The act of machining our products definitively puts an end to any claims by the buyer.

PAYMENT

Our goods are payable at the registered office of Swiss Krono SAS. Our goods are payable within forty-five days end of months or sixty days from the date of issue of the invoice (LME law). No discount will be granted for early payment. Complaints relating to goods delivered by Swiss Krono SAS may not justify late payment. Without any reminder being necessary, any delay in payment will give rise to late payment penalties calculated at an interest rate equal to three times the legal interest rate, from the due date until the date of actual payment and authorizes the company Swiss Krono SAS to unilaterally terminate the contract, after formal notice to pay has remained unsuccessful for more than fifteen days. A fixed indemnity for collection costs is payable to the creditor, in addition to the late payment penalties, in the event of late payment Decree no. 2012-1115 of 2 October 2012 has fixed the amount of this indemnity for collection costs at 40 euros if the amount of the collection costs incurred by the creditor is greater than 40 euros, Swiss Krono SAS may request payment thereof through additional compensation by justifying the costs actually incurred for collection of the sums in question. It is recalled that failure to comply with legal payment deadlines may give rise to the application of a fine as provided for in Article L442-6 of the French Commercial Code.

The company Swiss Krono SAS may refuse orders and deliveries for a customer with whom there remains a dispute over payment of previous orders or who has not made previous payments to the company Swiss Krono SAS within the required time. Swiss Krono SAS is obliged to deliver the goods only
if the goods ordered are guaranteed either by insurance against the risks of insolvency used by Swiss Krono SAS, or by a bank guarantee or by advance payment. If this condition is not met within the agreed period, Swiss Krono SAS may withdraw from the contract.

PROPERTY CLAUSE (IN COMPLIANCE WITH LAW N° 80.335 DATED 12 MAY 1980)

Swiss Krono SAS retains complete ownership of the goods until their invoiced price has been paid in full. The buyer is nevertheless allowed, as part of the normal operation of his company, to sell or transform any delivered merchandise. The buyer shall not pledge merchandise nor transfer it ownership by way of guarantee. In the event of resale, the buyer immediately yields to Swiss Krono SAS all due payments relating to the sale to the third party buyer. In the case of transformation, the buyer shall immediately lose his ownership rights to the object resulting from the transformation in order to guarantee the rights of Swiss Krono SAS. If the merchandise is combined with other merchandise not supplied by Swiss Krono SAS, the latter shall acquire joint ownership of the new object in proportion to his share of materials. In the event of non-respect by the buyer of any due payment or in the event of violation of the present clause, Swiss Krono SAS may demand, without prejudice to his other rights, by means of recorded delivery letter, the restitution of the goods at the expense of the buyer until the latter has respected all his commitments in full. Swiss Krono SAS may also, if he wishes, consider the present contract to be terminated without further formalities. In this case, the buyer, in ad-dition to his obligation to restitute the goods, shall pay Swiss Krono SAS a compensatory penalty equal to 10% of the value of the unexecuted contract, excluding taxes, evaluated at the date of termination, such penalty being not less than 155 euros excluding taxes. This compensation may be retained by Swiss Krono SAS from any payments already received. In the event of liquidation of the buyer, he agrees to inform Swiss Krono SAS immediately in order that Swiss Krono SAS may take an inventory of the merchandise held by the buyer, whether transformed or not or incorporated in other products. Such merchandise held in stock may be repossessed by Swiss Krono SAS without further proceedings, in exchange for a receipt, following permission by the President of the Commercial Court of Orléans or of the place where the goods are located.

LEGAL DOMICILE AND JURIDICTION

The selling company elects domicile at its headquarters. Any claim relating to the execution of a sale or the payment of the price, or to interpretation or execution of the clauses and conditions indicated above, shall be handled according to French contractual law. In compliance with article 48 of the CPC, the Commercial Court of Orléans shall have sole jurisdiction in handling such disputes. Unless formally confirmed in writing by our director, no waiver of the above conditions will be granted, either by contrary stipulation of the buyer in his own general purchasing conditions, or by statements made by our representatives.

ECO-TAXES AND OTHER TAXES

REP DEA : In accordance with the Article L541-10-21 of the Environment Code, the unit eco-participation incurred by Swiss Krono SAS and for which it is liable as part of the extended producer responsibility (REP) relating to the management of waste furniture elements is passed on in full to the purchaser and re-invoiced to him/her, without any possibility of reduction. This eco-tax is subject to VAT. It will be paid to the approved eco-organisation of which Swiss Krono SAS is a member.
Swiss Krono SAS is registered with the Registre national under the number FR019647.

REP PMCB : In accordance with the provisions of article L 541-10-13 & R.543-290-3 of the Environment Code, the unit eco-participation incurred by Swiss Krono SAS and for which it is liable as part of the extended producer responsibility (REP) relating to the management of PMCB waste is passed on in full to the purchaser and re-invoiced to him/her, without any possibility of reduction. This eco-tax is subject to VAT. It will be paid to the approved eco-organisation to which Swiss Krono SAS belongs.
Swiss Krono SAS is registered under the unique identification number FR019647_04WMFB.

More generally, all new taxes or eco-participations/écocontributions will be applied identically to the purchaser.

¹   Claims mail adress: Frsu.litiges@swisskrono.com
²  Warranty booklet available www.swisskrono.com/fr