General terms and conditions of commercial sale

Preliminary Clause

These General Conditions of Sale apply to all sales of our company's products.
They supersede any other document of the buyer, particularly any General Conditions of Purchase, unless otherwise expressly and previously agreed by our company.

Unless otherwise provided in the special conditions, our conditions cover:


DELIVERY

Our goods travel at the risk of the purchaser even when sold carriage-paid. Therefore, the recipient must:
  • record on the carrier receipt any reservations, specifying any damage or missing items or any other complaint.
  • confirm these reserves by registered letter within 3 days to the carrier with a copy to our Shipping Department, specifying the order references and the delivery note.
After this period of 3 days with regard to the carrier, if a complaint has not been sent by registered letter with acknowledgement of receipt to the company within 8 days of delivery, no complaint can be considered.
We reserve the right to choose the most appropriate transport method for the different destinations for both sending and returning products.

INVOICING

Our prices are fixed by the rates in force on the date that the order is placed. They are always exclusive of taxes. In the case of a discount, only the value added tax corresponding to the price actually paid by the customer is eligible for deduction.

PAYMENT

  • Full payment must be made upon pick-up for customers who do not have an account open.
  • Payment upon receipt by cheque for invoices under 150 euros.
    Payment by any other method, cheque, transfer or bill of exchange in other cases.
Unless otherwise agreed between the parties, the time to pay the amounts due cannot exceed 45 days from the end of month or 60 days from the issue date of the invoice.
In the case of periodic invoicing, within the meaning of Article 289 section I.3 of the General Tax Code, the period to pay amounts due cannot exceed 45 days from the invoice issue date.
Failure to pay noted the day after the payment date displayed on the invoice shall, by right, makes the application of interest and late penalties payable without a reminder needed. The interest rate is equal to the interest rate applied by the European Central Bank at its most recent refinancing operation, plus 10 percentage points. In this case, the applicable rate during the first half of that year is the rate in effect on 1 January of that year. For the second half of the relevant year, the rate in effect on 1 July of that year shall be used. A lump sum compensation for recovery costs, provided for in Article L441-6 of the Commercial Code, the amount of which is fixed by decree, will also be required. When the recovery costs exceed the amount of the lump sum, the buyer may be asked, upon justification, to pay additional compensation. All remaining amounts due in principal will also be increased by a 15% penalty clause.

PROPERTY RESERVE CLAUSE

The transfer of property of our goods is suspended until the price - including the principal and ancillary costs - is paid in full, even if a payment period has been granted, it being understood that the transfer of drafts or any other securities does not constitute a payment.
It is expressly agreed that our company can exercise the rights that it holds under this clause, for any of its debts, on the totality of its products in the customer's possession; the latter are contractually presumed to be unpaid, and our company can take them back or claim them as compensation for all unpaid invoices without prejudice to its right to rescind the sales in progress.
This clause does not prevent the risk of goods being transferred to the buyer when they leave our stores.

PACKAGING

In various packages, as stated in the rate, losses not included.

SHIPPING

Free in Metropolitan France for amounts of 200 KG or L or more.
  • SHIPPING FEES charged to the purchaser for amounts less than 200 KG or L
  • EXPRESS DELIVERY upon the buyer's request and charged to the buyer.

DELIVERY PERIOD

  • In-stock deliveries are carried out as soon as possible.
  • For goods not in stock, allow for extra manufacturing time of about 8 working days.
  • We cannot accept responsibility for a delay in delivery from the moment the goods are handed over to the carrier.
  • Delivery times are given for information purposes only and under no circumstances may delays result in cancellation or damages.

RETURNS AND EXCHANGES

No return or exchange of goods can be accepted by our depots without prior agreement from our Sales Department.

USE OF PRODUCTS - GUARANTEES

The specifications concerning the surface coverage and other data indicated in our technical data sheets of products and price lists are provided for information purposes, for optimal theoretical conditions of use, and we cannot be held responsible if our products are not applied in accordance with accepted practice.
The user is solely responsible for using our products and recognising the substrates that need protecting.

COLOURS

  • Colours for primary coats or undercoats: these are only given for indicative purposes, as rigorous tinting is not technically necessary.
  • Finishing colours: because of colour matching, we ask buyers to make complete orders for each work site; we cannot be held responsible for the differences in shades which could occur from one delivery to the next.
In the case of split deliveries, the buyer must send us with each reorder the product references (quality and shade) and the serial number of the previous supply.

ORDER CANCELLATION

Our company reserves the right to cancel the sale in full or partially in the event of force majeure or an event likely to stop or reduce manufacturing or the transport of goods, or prevent the normal performance of the contract, as well as in the event of a change in the debtor's situation, putting our claims in jeopardy for any reason whatsoever. The purchaser cannot proceed to cancel any firm order without our prior written agreement. If this cancellation receives our consent, the purchaser must pay an indemnity by way of compensation, set at 15% of the order amount.
If a customer places an order to our company without having paid for the previous order(s), our company reserves the right to refuse to honour this order and deliver the goods in question, without the customer being able to seek any compensation for any reason whatsoever.

JURISDICTION CLAUSE

All disputes of any kind fall within the exclusive jurisdiction of the courts of our company's head office, regardless of the location of the order, delivery or payment and the payment method.

APPLICABLE LAW

All disputes of any kind shall be governed by French law to the exclusion of all other law, and additionally, by the Vienna Convention on the International Sale of Goods.

WAIVER

The fact that our company does not invoke one of these clauses at a given time may not be interpreted as a waiver of the right to invoke it later.

 

Taking possession of our goods includes the formal acceptance of our General Conditions of Sale.


 



Peintures MAESTRIA
SAS with capital of €6,000,000, RCS Foix B 936 380 062, SIRET 936 380 062 00013, Intracommunity VAT FR 22 936 380 062
Head Office: ZI, 01 rue Denis Papin at PAMIERS (09100), France