Terms and conditions of Sale
These terms and conditions of sale govern the contractual relations that may exist between our company and its customers.
The act of placing an order entails by right the full and unconditional acceptance of the terms of sale hereby presented- No exception, except in the case of formal written agreement by our company, prevails over the Terms and Conditions of Sale hereby presented. In the absence of the company's express agreement, no conditions to the contrary put forward by the buyer may therefore be invoked, irrespective of the moment these are brought to the attention of our company.
Our prices are in Euros (before tax). The prices that will be applied are those in force on the date of ordering by the customer. Unless otherwise agreed by the company, special offers made by our company are valid for one month only, starting from the date the offer is sent to the customer. Our prices are available on demand.
Our delivery dates are not contractually binding. Any possible delay may in no case be grounds for canceling an order or for payment of any penalty. A delivery may be delayed without preliminary agreement as a result of disruption in the factory or in the case of Act of God (strike, riot, war, flooding, fire, late delivery of raw material, difficulties with transport or essential procurement, equipment failure, the actions of third parties, statutory provisions etc).
In the case of unforeseeable disruption during the manufacturing process, we reserve the right to cancel a delivery outright without being held liable for payment of damages of any kind: this is the only case where your deposit will be returned. If, once the product is ready, the customer's taking delivery of the product is delayed by factors independent of the will of ORANGE LIV, the said products will be stored and handled at the buyer's own risk and own expense and the depository agent will be released from all their obligations
Our prices are calculated on the basis that Saint-Dizier is the point of departure. We reserve the right to choose the carrier and means of transport. In the event of the buyer deciding on a different means of transport, any additional transport costs will be borne by the buyer. All our goods travel at the customer's own risk, including deliveries made free of charge. The cost of rapid/express delivery will be met by the addressee. Additional insurance cover to the real value of the sent goods is only arranged on the express, written request of the addressee.
On the goods' arrival, it is the addressee's responsibility to check the condition and type of the goods. Any loss or damage noted must be declared to the carrier within two days by letter sent by recorded delivery. (Commercial Code, Article 105).
If the goods are not true to the specifications as indicated in the acknowledgement of receipt of order or are affected by conspicuous defects, the buyer must formulate their claim within 48 hours, and confirm them by writing within 8 days of receipt of delivery on their premises. If the goods are affected by a latent defect, the buyer must formulate their claim in writing, under penalty of forfeiture, within five days of the delivery. It is the buyer's responsibility to provide all necessary supporting proof regarding the irregularities or defects in question. The buyer must give ORANGE LIV every opportunity to verify and remedy these defects and irregularities. In the event of disagreement over a delivery, acceptance of the delivery and payment for the goods remain obligatory, the dispute being settled by means of a credit note, to be deducted from the corresponding invoice.
Returned goods will not be accepted except after preliminary written agreement on the part of ORANGE LIV. Any returned goods must be sent to us with all delivery costs paid. Any claim acknowledged by us entails the right to an outright replacement of the goods in question. No claims for damages, under any form whatsoever, will be accepted, even if the buyer or a third party suffers damage through a tort attributed to our service.
All our invoices are payable cash on delivery without discounts. Any delay in the payment of goods or services will result in the charging of interest on the overdue payments at a rate of at least 1.5 times the legal interest rate, without notification, as well as the payment of any expenses incurred in collecting the payment.
The goods sold remain our property until complete payment of the main price and any secondary costs have been effected (law of 12th May 1980 ). Payment is deemed effective once the funds have been cashed. Failing to meet a payment deadline may result in the confiscation of all delivered goods.
The customer will ensure that goods not paid for remain at all times identifiable. Our company may demand the return of unpaid goods at the customer's expense in the event of a summons to return the goods remaining unheeded. In the event of us being obliged to exercise this clause, all monies already paid will be retained by us by way of damages. Until payment is received in full, our goods are under the care of their purchaser who must bear the risks that they might suffer or cause someone else to suffer, for whatever reason, even in the event of Acts of God, fortuitous events or the actions of a third party.
A users' guide is delivered with each model. It is the customer's responsibility to check that the data sheets in their possession are up to date and to ensure that the use they plan to make of the product in question is in conformity with the aforementioned data sheets and best practice. We may only accept liability in relation to the information provided in the written recommendations on the use of our products.
Acts of God that trigger suspension or sunset clauses relating to our obligations towards the buyer include accidents affecting production and/or the storage of our products, a service failure on the part of the carrier, meteorological phenomena {snow, flooding…), governmental action, general or partial strike, foreign war, civil war, acts of terrorism and more generally, any event that could delay or prevent definitively or on a temporary basis the fulfillment of our commitments.
Any disputes arising from the performance and the interpretation of the clauses herein will be submitted to the judgment of the courts having jurisdiction in Saint Dizier. In the event of inconsistencies or disputes over the two versions of these terms and conditions, the French version is held to prevail in all circumstances.
MENTIONS LEGALES
Legal Information
COLMANN is the commercial name of the SARL ‘Orange Liv'. The company's head office is located at 60 Rue Docteur Despres, 52100 ST DIZIZER, France.
*RCS - B478 852 759
Telephone: +00 33 (0) 8 75 95 43 93
Fax: +00 33 (0) 3 25 06 69 85
Internet site hosted by: SARL OVH
140, quai du Sartel
59100 ROUBAIX, France
Telephone: + 00 33 (0) 899 701 761
Fax: + 00 33 (0) 3 20 20 09 58
Email: support@ovh.com
*CNIL declaration N°
*RCS = CRO
*CNIL = French Data protection watchdog