Clause 1 : Overview
The General Terms and Conditions of Sale described hereinafter set forth the rights and obligations of ClubSpirit and its customer in connection with the sale of leather Club chairs and sofas.
The buyer undertakes to adhere without reservation to the General Terms and Conditions of Sale in this contract for all services fulfilled by ClubSpirit.
Clause 2: Price
The price of the product being sold sold is to be the price in effect on the date on which the order is placed. Added to this are the carriage costs applicable on the date of order. ClubSpirit reserve the right to modify the prices at any time. Nevertheless, the company undertakes to invoice the goods at the price given upon order entry.
Clause 3: Discount
No discount shall be granted for advance payment.
Clause 4: Terms and Conditions of Payment
Payment for orders is to be made :
. By cheque
. ByVISA or Mastercard bank cards
. By bank transfer
Unless otherwise stipulated by prior agreement, the buyer is to pay a deposit of 50% of the order. The balance is to be paid upon dispatch of the goods.
Clause 5: Retention of title clause
ClubSpirit shall retain title to the products being sold until the price – principal and ancillary costs – has been paid in full.
Clause 6: Delivery
The delivery time given at order entry is for informational purposes only. However, ClubSpirit undertakes to reimburse the buyer if delivery has not been taken within 10 weeks as from a firm order with payment of the deposit.
The buyer is to specify upon order any information which may interfere with delivery.
Delivery in France: Delivery by one or two driver/deliverymen according to need.
Delivery outside France: Delivery by one driver/deliveryman. For sofa delivery, the buyer is to make sure of the presence of a second person upon delivery. Should it be otherwise, delivery may be subject to an additional charge.
The buyer shall bear the carriage risks in full until delivery.
Upon delivery, the buyer is therefore to ensure that the goods have not been damaged in any way. In that event, the buyer is to either refuse delivery, or to express all the necessary reservations in writing on the delivery note, upon reception of the aforementioned goods. Said reservations are moreover to be confirmed in writing to ClubSpirit within five days of delivery.
Clause 7: Returned Goods / Guarantees
Goods refused upon delivery :
Should the goods delivered have been damaged during transport, or should the goods not meet the requirements of the buyer, the latter retains the right to refuse delivery, subject to expressing the reason for the return on the delivery note, upon reception of the aforementioned goods. ClubSpirit shall reimburse the buyer in the case of refusal of goods upon delivery.
Returned goods :
The buyer is to be able to return the goods, with no justifiable reason within 30 days following delivery. Collection of the goods is to be carried out by ClubSpirit but the buyer is to bear the costs of collection.
The buyer is to be reimbursed for the order, delivery and collection charges deducted, following inspection of the furniture in our workshops. ClubSpirit reserves the right to refuse to reimburse if the goods have been damaged or show signs of improper use. The above-mentioned guarantee is not applicable to special orders.
Guarantee of quality :
The guarantee given by ClubSpirit covers five years for the leather and ten years for the frame.
Clause 8: Force majeure
ClubSpirit shall not be held liable if its failure to perform any of the obligations described herein or late performance thereof of one of the obligations described in these General Terms and Conditions of Sale arises from a case of force majeure. In that respect, force majeure shall mean any unforeseeable and irresistible external event within the meaning of Article 1148 of the French Civil Code (Code Civil).
Clause 9: Disputes
Any dispute relating to the interpretation and performance hereof shall be governed by French law. If the dispute cannot be resolved out of court, it will be referred to the Commercial Court (Tribunal de Commerce) of Blois.
Please note that this agreement has been translated into the English language for convenience. However, in the case of litigation, only the French version shall be declared competent.