CGV

Facon.com – Papamiam SARL
2 rue Gabriel Péri
83210 Solliès-Pont
FRANCE

VAT No.: FR19520040046
SIRET: 52004005600027

A-      General Provisions

Our sales are subject to the following general terms and conditions, which take precedence over any purchase terms, unless formally and expressly agreed otherwise by us. These conditions are fully applicable, and without their express or implied acceptance, our company would not have entered into any contract.

B-      Commercial Terms

1) Prices:
Each sale is made at the price in effect at the time the order is placed.

2) Transport:
Our goods, even when sold with delivery charges included (Franco de Port), travel at the consignee's own risk.

The customer must have any cases of damage or shortages recorded upon delivery by the carrier and must issue any reservations or claims in accordance with legal procedures and deadlines (in compliance with Article 105 of the French Commercial Code).

3) Delivery Time:
The delivery time is provided for information purposes only. A delay in delivery does not justify cancellation of the order or any claim for damages.
Papamiam SARL is released from its delivery obligations in cases of unforeseen circumstances or force majeure, such as fire, total or partial strikes, etc.

C-      Payment

  1. Unless otherwise agreed and confirmed by Papamiam SARL, orders are payable upon receipt of the invoice by check, bank transfer, or bill of exchange domiciled to a bank account.

  2. Any special agreement concerning payment terms must comply with the legislation in force at the time of the order.

  3. Except in cases of legal offset, no deductions from invoice amounts will be accepted for any reason.

  4. If reservations are made upon receipt of the goods particularly in the event of breakage the portion of the delivery received in good condition and in accordance with the order shall be paid at the agreed price and under the payment terms set in the order.

  5. Failure to pay by the due date will result in the immediate suspension of all future deliveries and the immediate demand for all outstanding payments. In addition, the customer shall owe Papamiam SARL, without any formal notice being required, a penalty equal to three times the legal interest rate in effect on the due date of the invoice, calculated on the unpaid amount.

D-      Retention of Title

  1. Papamiam SARL retains ownership of the goods delivered to the customer until full payment of the price has been made. Payment, within the meaning of this clause, refers only to the actual receipt of funds (whether by check, bill of exchange, or other payment method).

  2. The customer assumes all risks (loss, theft, destruction, etc.) of the goods upon delivery, even though ownership has not yet been transferred, and remains liable until full payment of the goods subject to this retention of title clause.

In the event of a claim, any insurance payments received shall be allocated to Papamiam SARL up to the amount of the outstanding debt.

E-      Jurisdiction Clause

Any commercial dispute that may arise between the customer and Papamiam SARL shall fall under the exclusive jurisdiction of the Commercial Court of Draguignan (France).