GENERAL CONDITIONS OF SALE - BEVERLEY DISTRIBUTION & WELLNESS FRANCE
These general conditions of sale apply automatically to all sales of the following products: equipment, consumables, spare parts, travel, installations and services.
The sale is deemed concluded on the date of acceptance of the order by BEVERLEY DISTRIBUTION - WELLNESS FRANCE.
Prior to this date, these conditions of sale were made available to the buyer, as referred to in Article L. 441-6 of the Commercial Code.
Any order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those particular derogating therefrom which have been expressly accepted in writing by BEVERLEY DISTRIBUTION - WELLNESS FRANCE.
Any order, to be considered, must give the very precise specification of the product.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE reserves the right, for legitimate reasons, not to accept certain orders.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE reserves the right to make any changes to the product and material presented in its catalog. Photos, illustrations and captions are non-contractual. In case of out of stock of a reference or with significant replenishment times, BEVERLEY DISTRIBUTION - WELLNESS FRANCE reserves the right to deliver similar merchandise, or of equivalent functionality.
If the equipment ordered by the buyer does not comply with the laws or decrees in force relating to it, the buyer expressly declares to be aware of their existence and therefore accepts the possible consequences of its possession or use and renounces to any recourse on this count against BEVERLEY DISTRIBUTION - WELLNESS FRANCE, the mission of BEVERLEY DISTRIBUTION - WELLNESS FRANCE limited to the sale and warranty of the product under the conditions of article 6. Acceptance of the order by BEVERLEY DISTRIBUTION - WELLNESS FRANCE results from the establishment and sending of the invoice.
In the event of cancellation at the buyer's initiative of an order accepted by BEVERLEY DISTRIBUTION - WELLNESS FRANCE, the installments paid will remain acquired by BEVERLEY DISTRIBUTION - WELLNESS FRANCE without restricting the rights of BEVERLEY DISTRIBUTION - WELLNESS FRANCE to request, by any legal means, compensation for the damage caused to it by this cancellation and to continue the execution of the sale.
Without prior deposits paid and in the event of cancellation of an order or part thereof by the buyer, for any reason whatsoever, the buyer shall automatically be liable for compensation equal to 30 % of the value accepted when ordering canceled items, without prejudice to the right of BEVERLEY DISTRIBUTION - WELLNESS FRANCE reimbursement of all expenses already incurred in the execution of the order before notification of this cancellation.
Prices are net excluding tax, discount for cash payment already deducted. The prices indicated are all plus taxes for the buyer.
The prices refer to goods taken from the store. These prices may be increased by postage and packaging and/or installation costs.
The prices in force are those shown in the current catalog. The prices issued on quotation are valid for 2 months. All the prices indicated or valid on the day of the order apply for Metropolitan France and all other European destinations, DOM-TOM or Maghreb, served by the carriers offered. For all other countries, a special offer will be established.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE reserves the right to modify the conditions without notice in the event of an increase on the part of the manufacturers of raw materials, equipment, or in the event of significant monetary fluctuations.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE reserves the right to invoice a flat-rate contribution intended to cover postage, shipping and possibly installation costs, either for expensive and heavy equipment, for example, or for orders that are insufficient in value or quantity.
4/ PAYMENT TERMS
Payment of invoices is made in net cash, without discount on order or delivery.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE retains full freedom to grant the line of credit it deems appropriate.
The non-return of accepted bills within 15 days of the delivery date makes the debt immediately payable under the terms of article L.511-15 of the Commercial Code.
In the event of non-payment of an item on the due date, all of the items drawn on the buyer under one or more contracts become due eight days after a formal notice to pay has remained in vain sent by registered letter. by BEVERLEY DISTRIBUTION - WELLNESS FRANCE to the buyer.
The contracts that generated the issue of the item(s) in question may be resolved at the discretion of BEVERLEY DISTRIBUTION - WELLNESS FRANCE who will have the right to demand the return of the materials and goods as of right without the need for any legal action and without the buyer being able to oppose it for any reason whatsoever and without the said buyer can obtain reimbursement of the sums paid, which will remain acquired by BEVERLEY DISTRIBUTION - WELLNESS FRANCE as conventional damages, without prejudice to any other damages that may be claimed in court.
Any payment made to BEVERLEY DISTRIBUTION - WELLNESS FRANCE is deducted from the sums due whatever the cause, starting with those whose payment is the oldest.
In the event of late payment, the purchaser shall automatically be liable for payment of default interest deducted at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.
They will be applied from the day following the payment date shown on the invoice or, failing that, the 31st day following the date of receipt of the goods or the end of the performance of the service.
Late payment penalties are payable without a reminder being necessary.
Pursuant to Article D. 441-5 of the Commercial Code, in the event of late payment, the debtor will be automatically liable to his creditor, in addition to the late payment penalties, already provided for by law. , a fixed compensation for recovery costs of 40 euros. When the collection costs incurred exceed the amount of this fixed compensation, the creditor may request additional compensation, on justification.
In the event of collective proceedings by the purchaser, BEVERLEY DISTRIBUTION - WELLNESS FRANCE is authorized, if there is a balance in its favour, to demand the return of the goods or materials delivered under the retention of title clause of article 8.
Any default in payment authorizes BEVERLEY DISTRIBUTION - WELLNESS FRANCE to postpone new deliveries.
5/ DELIVERY - TRANSPORT
The delivery time is given as an indication and without any guarantee.
The period indicated is also automatically suspended by any event beyond the control of BEVERLEY DISTRIBUTION - WELLNESS FRANCE and resulting in delayed delivery.
Exceeding this period cannot give rise to any deduction or compensation.
The goods and materials travel at the buyer's risk and peril, regardless of the mode of transport or the terms of payment of its price. The buyer must check upon receipt the conformity of the products delivered with the products ordered and the absence of visible defects.
Any claim, any refusal to accept for non-conformity of goods and materials, must be made within 48 hours of receipt of the material or goods in question, by registered letter addressed to the carrier and to BEVERLEY DISTRIBUTION - WELLNESS FRANCE.
Without precise and detailed information on the delivery slip, no claim can be processed.
The delay in the execution of an order cannot justify the refusal of the goods or any claim for compensation, nor constitute a cause for cancellation or termination of the sale. In the event that a buyer refuses the goods ordered, he will have to pay the outward and return transport costs, or representation of the goods.
BBEVERLEY DISTRIBUTION - WELLNESS FRANCE guarantees its equipment from delivery (excluding cocoon Plexiglas, tubes, lamps, glass filters, glass accessories, POS).
The invoice serves as a guarantee, so it must be kept during this period.
The duration of this guarantee is 1 year in general, unless otherwise specified on the invoice or the catalogue.
The warranty covers any material defect or manufacturing defect, conforming to the characteristics appearing in the technical notices in force at the time of delivery.
This warranty is strictly limited to replacement or repair, at the choice of BEVERLEY DISTRIBUTION - WELLNESS FRANCE, merchandise or defective part that has been returned during the said period.
Defects and deterioration caused by natural wear and tear or by an external event (erroneous assembly, defective, abnormal use, accident, etc.) or by a modification of the product not provided for or specified by BEVERLEY DISTRIBUTION - WELLNESS FRANCE are excluded from this warranty.
The responsibility of BEVERLEY DISTRIBUTION - WELLNESS FRANCE is strictly limited to the obligations defined above and it is expressly agreed that BEVERLEY DISTRIBUTION - WELLNESS FRANCE will not be held liable for any compensation towards the buyer for any direct or indirect damage, such as in particular: accident to persons, damage to property separate from the object of the contract, loss of profit, operating loss.
Claims for non-compliant goods, in particular mechanically, must be made in writing within 4 days of their delivery.
They must be accompanied by a report specifying the nature of the defects as well as a photocopy of the delivery notes.
The products must be returned at the buyer's expense, in their original packaging.
No goods can be returned without the buyer having obtained the written agreement of BEVERLEY DISTRIBUTION - WELLNESS FRANCE and no claims will be accepted or credit given for returned goods absent such written agreement.
Any return travels at the Buyer's risk and peril.
The return costs may be reimbursed at the request of the buyer after expertise of the goods in favor of the buyer.
Any breach of these obligations will lead to the exclusion of the guarantee.
Interventions under the warranty cannot have the effect of extending the duration of the latter.
The benefit of the guarantees cannot be claimed in the event of misuse of the articles, use other than that initially defined, and is subject to the payment of all the customer's invoices.
7/ RETURN OF GOODS
If an item does not suit the buyer, he has 15 days after delivery to request an exchange or a refund in the form of a credit note.
Consumables and cosmetics are not affected.
The return must be made in the original packaging.
All costs relating to recovery, disassembly, reassembly, reconditioning to new, return transport are the responsibility of the buyer.
Any return of material following an order error by the buyer will only be accepted after written agreement from BEVERLEY DISTRIBUTION - WELLNESS FRANCE.
Any credit issued must be deducted from a subsequent invoice, and does not entitle you to reimbursement.
A credit note is valid for 1 year from its date of issue.
After this period, no deduction can be applied to a subsequent order.
Any request must be made by mail, accompanied by the order or invoicing document issued by the BEVERLEY DISTRIBUTION online store - WELLNESS FRANCE.
8/ RETENTION OF OWNERSHIP CLAUSE
The products are sold with retention of title.
BEVERLEY DISTRIBUTION - WELLNESS FRANCE retains ownership of the products until full and effective payment of the price by the buyer.
In the event of non-payment on its due date, BEVERLEY DISTRIBUTION - WELLNESS FRANCE may claim the products and terminate the sale, as specified above.
Checks and bills of exchange are not considered as payments until their effective collection.
Until that date, the retention of title clause retains its full rights.
These provisions do not prevent the transfer, upon delivery, of the risks of the products sold (damage, loss and theft in particular).
The buyer must therefore take out all the necessary insurance to cover these risks.
The buyer agrees until full payment of the price, under penalty of immediate claim of the products by BEVERLEY DISTRIBUTION - WELLNESS FRANCE, not to transform or incorporate said products, nor to resell or pledge them.
He undertakes to include on a separate line in the assets of his balance sheet the equipment covered by the clause and to ensure that the individualization of the equipment is always possible.
9/ MISCELLANEOUS PROVISIONS
This document contains all the commitments of the parties, one with respect to the other, relating to the sale of the designated materials.
By express agreement, correspondence, requests for offers or previous proposals relating to the same materials, will be considered null and void.
All subsequent modifications must, in order to be valid, be the subject of an amendment signed by the representatives of both parties.
Any order, delivery then invoicing by BEVERLEY DISTRIBUTION - WELLNESS FRANCE with a commercial entity that authorizes BEVERLEY DISTRIBUTION - WELLNESS FRANCE to use the customer's contact details (company name, address, telephone, e-mail, etc.) as a reference as a customer of the company or for the products ordered. This information may be used on any medium: catalogue, paper medium, internet, other); the primary objective of this information being to highlight the points of distribution of the products ordered in order to ensure the best possible promotion in the interest of both parties.
If any of the provisions of these conditions were cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.
10/ INTELLECTUAL PROPERTY RIGHTS
The name of BEAUTY TECH, as well as all brands, figurative or not, and more generally all other brands, illustrations, images, photos, visuals and logotypes appearing on the Goods, their accessories and their packaging as well as on the BEVERLEY catalog DISTRIBUTION - WELLNESS FRANCE, documents and brochures published by BEVERLEY DISTRIBUTION - WELLNESS FRANCE, the websites operated by BEVERLEY DISTRIBUTION - WELLNESS FRANCE, whether registered or not, are and will remain the exclusive property of BEVERLEY DISTRIBUTION - WELLNESS FRANCE or its suppliers. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, photos, visuals and logotypes, for any reason and on any medium whatsoever, without the express prior consent of BEVERLEY DISTRIBUTION - WELLNESS FRANCE, is strictly prohibited and will result in prosecution. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of BEVERLEY DISTRIBUTION - WELLNESS FRANCE or its suppliers.
11/ CONFIDENTIALITY OF PERSONAL DATA
BEVERLEY DISTRIBUTION - WELLNESS FRANCE will be required to collect certain personal information to ensure the processing of orders.
This information will be kept for as long as necessary until the performance of the services, unless:
- the buyer exercises his right of deletion under the conditions described below;
- A longer retention period is authorized or imposed by virtue of a legal or regulatory provision.
During this period, BEVERLEY DISTRIBUTION - WELLNESS FRANCE implements all appropriate means to ensure the confidentiality and security of this personal data, so as to prevent their damage, erasure or access by unauthorized third parties.
Access to personal data is strictly limited to BEVERLEY DISTRIBUTION staff - WELLNESS FRANCE and, where applicable, to its subcontractors.
The subcontractors in question are subject to an obligation of confidentiality and may only use this data in accordance with the contractual provisions of BEVERLEY DISTRIBUTION - WELLNESS FRANCE and applicable law.
Apart from the cases stated above, BEVERLEY DISTRIBUTION - WELLNESS FRANCE undertakes not to sell, rent, assign or give access to third parties to this data without the prior consent of the buyer, unless forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).
In accordance with the law "Informatique et Libertés" of January 6, 1978 as amended and European Regulation n ° 2016/679 / EU of April 27, 2016 (applicable from May 25, 2018), the Buyer has a right of access, rectification, portability and erasure of their data or even limitation of processing. The Buyer may also, for legitimate reasons, oppose the processing of data concerning him.
The Buyer may exercise his rights by contacting BEVERLEY DISTRIBUTION - WELLNESS FRANCE.
In the event of a complaint, the Buyer may contact the National Commission for Computing and Liberties (CNIL).
12/ APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale are governed by French law.
Any dispute relating to a sale of products and/or the interpretation and execution of these conditions will be the exclusive jurisdiction of the Commercial Court of TONON-LES-BAINS, even in the event of multiple defendants, that the we are in the presence of a contractual or tort action, on the merits or in summary proceedings.