General terms and conditions of sale
Clause n° 1 : Purpose and scope of application
The present general terms and conditions of sale constitute the basis of the commercial negotiation and are systematically sent or given to each buyer to enable them to place an order.
The general conditions of sale described below detail the rights and obligations of AQUI BIKES SAS and its customer in the context of the sale of the following goods : BikeBoat Up, BikeBoat Rec, BikeBoat Tandem and Chiliboats accessories.
Any acceptance of the quotation/order form, including the clause « I acknowledge that I have read and I accept the attached general terms and conditions of sale » implies the buyer’s unreserved acceptance of these general terms and conditions of sale.
Clause n° 2 : Price
The prices of the goods sold are those in force on the day the order is placed. They are expressed in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
AQUI BIKES SAS reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Clause n° 3 : Rebates and discounts
The proposed prices include the discounts and rebates that AQUI BIKES SAS may grant in view of its results or the assumption of responsability by the buyer for certain services.
Clause n° 4 : Anticipated payment
No discount will be granted for early payment.
Clause n° 5 : Payment terms
Payment for orders is made :
- Either by cheque ;
- Or by credit card ;
- By bank transfer.
Payments will be made under the following conditions :
- Cash payment OR
- Payment within 30 days of the end of the month following the date of the invoice OR
- Any other payment schedule specified in the quotation
Clause n° 6 : Late payment
In case of total or partial non-payment of the goods delivered on the due date, the buyer must pay to AQUI BIKES SAS a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods.
This penalty is calculated on the amount including VAT of the remaining sum, and runs from the due date of the price without any prior notice of default being necessary.
In addition to the late payment penalties, any sum, including the deposit not paid on the due date will automatically give rise to the payment of a lump-sum compensation of 40 euros due for collection costs (Articles 441-10 and D. 441-5 of the Commercial Code).
Clause n° 7 : Resolutory clause
If within fifteen days following the implementation of the « Late Payment » clause, the buyer has not paid the remaining amounts due, the sale will be cancelled by operation of law and may give rise to a claim for damage for the benefit of AQUI BIKES SAS.
Clause n° 8 : Retention of title clause
AQUI BIKES SAS retain ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is subject to a receivership or liquidition, AQUI BIKES SAS reserves the right to claim, in the context of the collective procedure, the goods sold and remaining unpaid.
Clause n° 9 : Delivery
The delivery is carried out :
- Either by delivering the goods direclty to the buyer;
- or by delivering the goods to the place indicated by the buyer on the order form.
The delivery time indicated when the order is place is given as an indication only and is not guaranteed.
As a result, any reasonable delay in the delivery of the products will not give rise to any claim for the benefit of the buyer :
- the award of damages ;
- cancellation of the order.
The transport risk is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must formulate all necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the the company.
Clause n° 10 : Force majeure
AQUI BIKES SAS will not be held liable if the non-execution or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. In this respect, force majeure is defined as any external, unforesseable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 11 : Competent court
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 Court of Mont-de-Marsan (40).