1.PURPOSE
The following terms and sales conditions described here after give a definition and details about rights and obligations of Custom Diving Systems SAS company (hereinafter referred to as CDS) and its professional customers in connection with the sales of all goods distributed by CDS.
Any service performed by CDS therefore implies that you agree as customer to be bound by the terms and conditions and prevails over any general purchase conditions of the customer unless a total or partial derogation duly accepted in writing from by CDS as particular condition(s).
These present sales conditions are concluded between the distributor Custom Diving Systems on the one hand, named CDS, and by any natural or legal person wishing to proceed with the order or purchase of a service offer directly or via the distributor’s website, named hereinafter « Customer », on the other hand. These sales conditions will prevail over any general conditions or particular conditions not expressly approved by the distributor, which reserves the right to amend these sales conditions from time to time without prior notice to you. The version of the terms and sales conditions that will apply to your order will be those on cds.com at the time you place your order.
2.PRICES AND DELIVERY COSTS
Prices of displayed goods are those in force on the date of acceptance of the order by CDS. They are shown in EURO (€) and calculated excluding Value Added Taxes and delivery charges. Consequently these prices will be increased by the VAT rate in force on the day of invoicing and delivery charges.
CDS grants itself the right to modify its prices at any time without prior notice to you but undertakes to invoice the goods ordered at the prices indicated when the order was placed by CDS provided that these correspond to the rate in force prior to an update in the meantime.
3.DISCOUNTS AND REBATES
The proposed prices include the discounts and rebates that CDS would be led to grant, taking into account its results or the assumption by the buyer of services related to its distributor function.
4.ESCOMPTE
No discount will be granted in case of a payment in advance.
5.PAYMENTS TERMS
The payment of the orders is carried out :
- by bank transfer before the shipment of the material. All costs related to transfers (exchange, repatriation,…) are the responsibility of the Customer,
- by credit card before the shipment of the material,
- by Paypal transfer prior to the shipment of the equipments,
- by LCR 30 days net from the invoice date duly notified to CDS prior to the shipment of the equipments,
- in the event of an anticipated order, a prior deposit of 30% of the amount is required, paid by one of the payment’s options above, the balance will be due at the shipment of the delivery of the equipments.
Payments are to be made in EURO (€), all costs resulting from a possible change of currency are to be borne by the Customer.
6.OVERDUE PAYMENT
In the event of total or partial non-payment of the goods delivered on the day of delivery or agreed payment, the buyer shall pay CDS a late payment penalty equal to three times the legal interest rate.
In the event of total or partial non-payment of the goods delivered on the day of delivery or agreed payment, the buyer shall pay CDS a late payment penalty equal to three times the legal interest rate.
In addition to the late payment compensation, any sum, including any deposit, not paid on the due date will automatically produce the payment of a fixed compensation of 100 Euros due for collection costs in accordance with the French Commercial Code.
7.TERMINATION CLAUSE
If, within fifteen days following the implementation of the “late payment” clause, the buyer has not paid the sums due, the sale shall be cancelled by operation of law and may give rise to an award of damages in favour of CDS.
8.RETENTION-OF-TITLE CLAUSE
CDS retains ownership of the sold goods until payment in full of the principal and accessories. As such, if the buyer is the subject of a reorganization or a court-ordered liquidation, the company CDS reserves the right to claim, within the framework of the collective procedure, the sold goods and remained unpaid.
9.DELIVERY
Delivery is made:
- by direct delivery of the goods to the buyer at our stores or on site,
- at the indicated place by the buyer on the order form at the conditions agreed for transport.
The expected delivery details are that indicated at the time of the confirmation order and is deemed given only as an indication and by no means guaranteed.
Consequently, any reasonable delay in the delivery of the products may not give rise to a:
- allocation of damages and interest,
- cancellation of the order.
The transport risk is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the delivery note of the carrier upon receipt of the goods. These reservations must also be confirmed in writing within three days of delivery by registered mail AR or any means justifying receipt of the message.
10.WARRANTY
The applicable warranty on products distributed by CDS is 12 months from the date of delivery of the equipment to the buyer or carrier corresponding to the date of invoicing.
This warranty applies to defects in the goods not inherent in improper use thereof and is deemed to be parts and labor.
Any return of items must first be accepted by CDS and shipped in accordance with instructions given by CDS.
The costs of returning the goods remain the responsibility of the buyer.
11.FORCE MAJEURE
CDS may not be held liable if the non-performance or delay in performance of one of these obligations described in these general terms and sales conditions results from an event of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the french Civil Code.
12.JURISDICTION
Any dispute relating to the interpretation of these general sales conditions shall give rise to conciliation under the aegis of the Conciliation Chamber of the Commercial Court of Chambéry (France).
Failing amicable agreement, the dispute shall be vested solely the Commercial Court of Chambéry (France).
Courchevel, 20-11-2018