Conditions of sale
Terms and conditions:
« SofOz » represents a commercial company, exclusive agent of the brand Sofoz ;
« Customer » represents people (including a company or other registered profit making groups or not) who accept a quote or an offer from Sofoz for the sale of products or where a product order has been accepted by Sofoz ;
« Contract » designates all product sales contracts agreed between Sofoz and the customer ;
« Products » represents all furniture and/or material that has to be provided by Sofoz under these conditions of sale.
(a) Subject to any modification falling under condition 2(b), the contract will be subjected to the present conditions of sale excluding any other terms and conditions (including any terms and conditions that the customer maintains to apply on all purchase orders, any confirmation of orders, any specification or any other document).
(b) These conditions apply to all sales performed by Sofoz and no modification can take effect unless made in writing and accepted by Sofoz. The customer recognises that he/she has not relied on any instruction, promise or declaration given or made by someone, or by Sofoz’s accounts, which has not been described in the contract. This provision shall not exclude nor limit the responsibility that should fall on Sofoz in the case of false or fraudulent declarations.
(c) Each Sofoz order or quote by the customer, will be deemed to constitute an offer to purchase the products by the customer, subject to these conditions.
(a) The minimum sales order is a product.
(b) Prices of all orders will be those applicable at the time of shipping unless stated otherwise. All prices are in euros unless stated otherwise. Sofoz will execute orders (in full or in part) according to the availability of products at the time.
(c) The customer is responsible for ensuring that the products ordered are appropriate and sufficient for the purpose for which they are destined.
(a) Illustrations provided by Sofoz or the contents in their catalogues, lists and advertisements are of a purely indicative and approximate nature and in no way binds Sofoz.
(b) Sofoz aims to develop and improve its products and therefore reserves the right to change the specifications of any product or cease to manufacture without notice.
(c) The customer acknowledges that patents, copyrights, trademarks, property rights, intangible assets, reputation and all other rights (whether registered or not) relating to the products, are and remain the property of Sofoz.
Notwithstanding the above, the customer agrees not to reproduce any images, drawings, plans or specifications of the products, or related thereto, without the prior written consent of Sofoz.
(a) Delivery will be made to the premises specified in the order and confirmed by Sofoz in writing. The expected delivery time is 40 days. All delivery dates are indicative (estimated) and delivery times are not essential or decisive.
(b) Sofoz does not incur any liability in the case of late delivery. Under no circumstances does the customer have the right to cancel an order if delivery is late, unless the cancellation is accepted by Sofoz in writing.
(c) Sofoz can deliver products in installments. Each partial delivery will be made and paid in accordance with the contract. Under no circumstances does the cancellation of a partial delivery give the customer the right to reject or cancel other partial deliveries, whatever they may be.
(d) If for whatever reason the customer does not accept a delivery or asks Sofoz to delay the delivery of goods when they are ready to be delivered:
(i) The customer will assume the risks pertaining to the goods
(ii) Sofoz will store the goods until the time of delivery. All costs and expenses related thereto shall be borne by the customer (including, without limitation, storage and insurance).
The customer cannot cancel an order without the agreement of Sofoz. Sofoz reserves the right to refuse cancellations of orders (total or partial) if they are received more than 3 working days after the date of the receipt of goods, or, in any event where an order has already been accepted by Sofoz or where the goods have already been shipped.
Prices include packaging unless otherwise stated. Orders must respect the number of units per package indicated in the price list. If this is not the case, ‘Ally be’ reserves the right to charge a fee of euros per incomplete package in order to cover the additional packaging costs. In the case where special packaging is required, ‘Ally be’ is entitled to charge an additional fee.
Our pricing conditions are ex-factory. Sofoz offers customers a transport deal for each order. Customers can pick up goods subject to a written demand addressed to Sofoz specifying the date and time of pick up.
(a) Customers will accept any risks associated with the products from the moment they are delivered to the carrier. Article 5(d) of the present terms and conditions also applies.
(b) Notwithstanding delivery and the transfer of risks, the products remain the property of Sofoz until full payment of all sums due to Sofoz is made by the customer.
Product returns will only be accepted where written consent has been given by Sofoz .
(a) The payment terms will be those indicated punctually by Sofoz.
(b) The periods of payment of all sums owed under the contract are essential and decisive.
(c) Without prejudice of condition 12(b), in the case of late payment, Sofoz will have the right to charge interest on any amount due at a rate of 2% per annum above the base rate of a bank with a good reputation which Sofoz will designate punctually.
(d) Sofoz reserves the right to suspend the supply of products to the customer if payment remains outstanding or if a customer violates the contract. The supply of products will resume only when full payment of outstanding fees have been made.
(e) By way of compensation, counter-claim, reduction or similar deduction, the customer is not entitled to refrain from paying the amount due to Sofoz without prior written consent from them.
(a) By contract, every right and remedy which Sofoz benefits from exists without prejudice from another right or remedy which Sofoz is likely to benefit from, regardless whether or not it is part of the contract.
(b) It will not be considered a breach of contract if Sofoz is prevented or hindered from performing its obligations due to circumstances beyond their control (for example: due to a natural disaster, war, riot, strike, lock-out, an administrative control or regulation, abnormal weather conditions, accident or breakdown), provided that Sofoz informs the customer of the circumstances in writing as soon as they are known.
(c) If a jurisdiction or a competent administrative authority considers that a provision of the contract, in part or full, is illegal, invalid, void, revocable, unenforceable or unreasonable, the provision will be isolated insomuch of its wrongfulness, its invalidity, nullity, revocability, unenforceability or its unreasonable character and the remaining provisions of the contract, including this one, will continue to take full effect.
(d) For Sofoz not executing (in part or full) or executing (in part or full) a provision of the contract with delay will not be interpreted as constituting a waiver of one or any of the rights in the contract. No waiver by Sofoz as a sanction for a violation or for subsequent breaches shall affect in any way the remaining provisions of the contract.
(e) Contracting parties do not intend to confer the power to execute provisions of the contract to a third party.
(f) This contract is subject to French law, governed by Articles L.441-6 of the French Commercial Code.
(g) In case of litigation, Sofoz is committed to replying to the customer within 15 days of receiving the letter of complaint. In the event that a settlement cannot be reached the dispute may be submitted to a conciliation commission of representatives of consumers and traders in the contemporary furniture industry. In case of litigation the court of the defendant has jurisdiction to hear disputes arising from the contract.
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