General Terms and Conditions of Sale
Clause n° 1 : Object
The general conditions of sale described hereafter detail the rights and obligations of the company Orient-All Bio and its customer within the framework of the sale of the following goods natural cosmetic products as well as accessories for aromatherapy.
Any service accomplished by Orient-All Bio implies the adhesion without reserve of the buyer to the present general conditions of sale.
Clause n° 2 : Price
The prices of the sold goods are those in force at the day of the order taking. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable to the day of the order.
The Orient-All Bio company grants itself the right to modify its prices at any time. However, it commits itself to invoice the ordered goods at the prices indicated at the time of the recording of the order.
Clause n° 3 : Discounts and rebates
The proposed prices include the discounts and rebates that Orient-All Bio would have to grant taking into account its results or the assumption of responsibility by the buyer of certain services.
Clause n° 4 : Discount
No discount will be granted in case of advance payment.
Clause n° 5 : Terms of payment
The payment of the orders is made :
either by credit card ;
or via Paypal.
Clause n° 6 : Late payment
In case of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Orient-All Bio a late payment penalty equal to three times the legal interest rate.
The legal interest rate is the one in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior formal notice being required.
In addition to the late payment penalties, any sum, including the deposit, not paid on its due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n° 7 : Resolutive clause
If within fifteen days following the implementation of the clause "Late payment", the buyer has not paid the outstanding amounts, the sale will be automatically resolved and may give rise to the right to award damages to the company.
Clause n° 8: Clause of property reserve
The company Orient-All Bio keeps the property of the sold goods until the complete payment of the price, in principal and in accessories. In this respect, if the buyer is subject to a receivership or a liquidation, Orient-All Bio reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause n° 9 : Delivery
The delivery is made :
either by direct delivery of the goods to the buyer ;
or by sending a notice of availability in store to the attention of the buyer;
or at the place indicated by the buyer on the order form.
The delivery time indicated at the time of order registration is given as an indication only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :
the allocation of damages and interests;
the cancellation of the order.
The transport risk is borne in full by the buyer.
In the event of missing or damaged goods during transport, the buyer must formulate all necessary reserves on the order form upon receipt of the said goods. These reservations must be confirmed in writing within five days of delivery, by registered mail.
Clause n° 10 : Force majeure
The responsibility of Orient-All Bio cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 11 : Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Germany