Article 1 – GENERAL
The purpose of these general conditions of sale is to govern the contractual relations between SAS PAG NECKWEAR and the customer defined as the buyer of SAS PAG NECKWEAR products.
All other conditions are binding on SAS PAG NECKWEAR only after written confirmation from it.
Any other document than these Terms and including catalogs, advertisements, price lists, website, notes, is only informative and indicative, non-contractual and may, as such, be modified by SAS PAG NECKWEAR without notice .
The GTC may also be modified at any time and without notice by SAS PAG NECKWEAR, the changes being applicable only to all subsequent orders.
Article 2 – ORDERS:
2-1 All orders must be placed by the Customer and a PAG NECKWEAR representative of the sector concerned.
2-2 After validation of the order by the financial department of SAS PAG NECKWEAR, the latter will send a confirmation of order in writing to the Customer.
After receipt of this order confirmation, the customer has ten (10) days to confirm, sign and return it to the SAS PAG NECKWEAR postmark. Any substantial change will be notified in writing.
2-3 Any order not confirmed by the customer will be considered as tacitly accepted and not modifiable.
2-4 The goods ordered are exclusively intended for the customer whose name and address appear on the purchase order and / or invoice. The sale of these goods to other stores or other places of sale without the prior written consent of SAS PAG NECKWEAR is not permitted. In case of retrocession, SAS PAG NECKWEAR reserves the right to terminate commercial relations with the customer.
Article 3 – PRICE
3-1 The goods are invoiced at the agreed price by confirmation of the order. All prices are free shipping, taxes and VAT included.
3-2 No discount will be granted in case of advance payment.
Article 4 – ONLINE SALE
4-1 Having a physical store does not automatically give the right to sell online. SAS PAG NECKWEAR reserves the right to correct, accept and control the sales of online resellers and any marketing image appearing on the site to verify if the online resellers authorized by the SAS PAG NECKWEAR meet the standards established by SAS PAG NECKWEAR on image, marketing and distribution strategies previously put in place by SAS PAG NECKWEAR.
4-2 Not all resellers will have the agreement to represent the PAG NECKWEAR brand on the net. Any reseller request will be studied. SAS PAG NECKWEAR reserves the right to accept an online reseller.
4-3 Any online sale of PAG NECKWEAR products destined for destocking (more than 3 collections prior to the current collection) is strictly forbidden, unless previously agreed with SAS PAG NECKWEAR.
4-4 SAS PAG NECKWEAR prohibits its resellers from selling online PAG NECKWEAR brand products by offering a discount or discount of more than 15% of the corresponding recommended retail price, provided by SAS PAG NECKWEAR.
Article 5 – CONDITIONS OF PAYMENT:
5-1 Payment terms: Invoices are payable 30 days in cash on delivery or 45 days in direct debit. SAS PAG NECKWEAR reserves the right to choose the most appropriate method of payment. In case of default on payment of an invoice, SAS PAG NECKWEAR may immediately demand the payment of all outstanding invoices, not yet due, regardless of the conditions previously agreed.
5-2 Modification of payment terms: In the event of a payment incident or any substantial change in the client’s financial situation, we reserve the right to change the terms of payment granted by our financial department. In the event that the customer does not accept a modification of its terms of payment, we would be entitled to terminate any orders not delivered, and this without incurring any liability vis-à-vis the customer.
5-3 Penalties of delay: In case of delay or non-payment, penalties of delay are exigible the day following the date of payment appearing on the invoice, at the rate of 3 times the legal interest rate in force, and without a reminder being necessary (Article L441-6 of the French Commercial Code). In case of non-payment within the deadlines and after sending a registered letter, the file is sent to the litigation department. Collection fees and late fees will be borne by the customer.
Article 6 – DELIVERY AND TRANSPORT
6-1 Place of delivery: Delivery is made to the place indicated on the order confirmation.
6-2 Delivery time: The delivery time indicated when ordering is only given for information and is not guaranteed. Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to the award of damages or the cancellation of the order.
6-3 Transport risks: In case of missing or damaged goods during transport, the buyer must make all the necessary reservations on the transport slip upon receipt of said goods.
6-4 Claims: All claims, whatever their nature, relating to a defect in the goods delivered, to an inaccuracy in the quantities, an apparent defect, a missing compared to the delivery note, must be formulated in writing SAS PAG NECKWEAR within three (3) days of receipt of the products.
6-5 Non-compliant delivery: In the event of delivery not conforming to the order, the customer must inform SAS PAG NECKWEAR by indicating the reference of the order. It is up to the Customer to provide all the justifications as to the reality of the defects or missing ones.
6-6: Return procedure: Any goods return requires the approval of SAS PAG NECKWEAR. The Customer will receive by the means deemed most appropriate by SAS PAG NECKWEAR a return agreement.
Article 7 – RESERVATION OF PROPERTY
SAS PAG NECKWEAR retains ownership of the goods sold until full payment of the price in principal and accessory.
Article 8 – DEFECTIVE MERCHANDISE
Under the warranty of hidden defects or non-compliance, SAS PAG NECKWEAR will be required to replace or have the defective products, without the Customer being able to claim damages.
In the case of defective goods, and in order to obtain a replacement or to have from SAS PAG NECKWEAR, the Customer must provide a photographic proof of the parts concerned.
Article 10: CASE OF FORCE MAJEURE
The liability of the SAS PAG NECKWEAR can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of absolute necessity. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of Article 1148 of the Civil Code.
Article 11 – APPLICABLE LAW AND ATTRIBUTIVE JURISDICTION CLAUSE
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Lyon (69).
SAS PAG NECKWEAR – 44 Rue Jaboulay 69007 Lyon
Siret: 833 427 057 000 17TVA: FR 65833427057
Article 1 – GENERAL