These terms are written in french in their original version which alone shall be authoritative and takes precedence over any other version translated into foreign language. The present general conditions apply in their entirety to all sales of products by the company Qaba' he Professional clients. They are essential and critical conditions and prevail over all terms and conditions of purchase and other documents from the Client, regardless of the terms. Also, any order addressed to the company Qaba 'it implies the unconditional acceptance of the tariffs of the Qaba company' it and these general conditions.
Any questions regarding these terms, as well as to contracts as they govern, will be governed by french law. In case of dispute, any dispute relating to these terms, as well as to contracts as they govern, will be the exclusive competence of the commercial court of the registered office of the company Qaba' he, even in the case of interim measures, appeal as collateral, incidental demand or plurality of defendants.
Contracts for sale are validly concluded only after written confirmation or execution begin by society Qaba' he of the corresponding commands. Provided, any order committed the Client issued regardless of the carrier or the signer. Any changes made by the company Qaba' it on the occasion of its confirmation of the order shall be deemed accepted in all its terms in the absence of protest written by the Client within the period of two working days from the date of its communication and at the latest before his execution. No order may be cancelled or transferred without the agreement of the company Qaba' he.
THE PRODUCTS ARE SOLD UNDER RETENTION OF TITLE UNTIL THEIR COMPLETE PAYMENT. IN THIS RESPECT, THE PAYMENT MEANS OF REGULATION STRENGTH OF THE PRICE OF PRODUCTS AND THE COSTS ASSOCIATED WITH THE TRANSPORT. In the event of non-payment by the customer, the company Qaba' he can including resume outstanding products at the expense of the customer, the products in stock at the customer being assumed to be those unpaid. The company Qaba' he would retain the deposits eventually paid as damages, without prejudice to any other remedy.
With regard to domestic sales, the products are payablein euro to Qaba' he by transfer, cheque, postal order, Western Union or credit card, cash control.
With regard to international sales, the payment will take place cash also, in Euros, to the command. No discount is granted in the event of advance payment.
The Client shall reimburse all costs incurred by non-payment of outstanding cheques, and the recovery of money owed, including fees of corporate officers and judicial officers. As such, society Qaba' he reserves the right to charge full right to the debtor, a lump sum of €40 as referred to in article L.441 - 6 of the Commercial Code for recovery costs, without prejudice to the claim of any supplementary allowance for evidence recovery costs.
The taxes and any customs fees are the responsibility of the customer.
For orders destined for France, society Qaba' he shall be deemed to have fulfilled its obligation to grant since the products will be delivered to the registered office of the customer or any other place of delivery agreed with the latter. However, the customer may freely choose to remove itself products at its expense and risk. He must in infoRM society Qaba' he at the control Terminal.
Delivery times are given for information only and their infringement cannot in no case give rise to cancellation of order or to payment of damages and interest. In any case, the customer may not protest any delay of delivery where it would not update its obligations to society Qaba' he particularly as regards payment, or if society Qaba' he was not in possession in good time of any specifications and / or information necessary for delivery.
By express agreement, notwithstanding the clause of reserve of property referred to in article 5 previous, the products shall be deemed under the care of the customer from the date of their issue as defined in article 6 previous. Also, from such issuance, customer shall bear only the risk that the products might suffer or cause, for any reason whatsoever, even in cases of force majeure, fortuitous or a third party.
The conformity of the products (State, no defect, number...) must be must be verified by the customer at their reception, in the presence the ech caseIf the carrier; costs and risks relating to the verification of the products being the responsibility of the customer. In case of retirement of products by the customer, any reserve or dispute relating to an apparent lack of conformity products must be worn on the right of retirement. In case of delivery of the products to the customer premises, any reserve or dispute relating to a lack of apparent products conformity must be worn on the delivery and be confirmed to the carrier, as well as society Qaba' he, by email within 2 days. Absence of compliance with these conditions, the products will be deemed compliant and the responsibility of society Qaba 'he may be questioned as such, the Client is liable for any damage suffered by the company Qaba' he due to non observance of this procedure. The customer must prove the existence of the missing, defects and/or abnormalities concerning the products. Also, no claim for non significant differences of appearance can be accepted.
Any return of products will be accepted without the express consent of society Qaba' he. < sPan > Returned products must be in perfect state of conservation, must be returned in their original packaging or packaging and must not have been used and/or modified. Any return accepte by the company Qaba' it will take according to its convenience, an Exchange or credit memo credited to a subsequent purchase, after verifying qualitative and quantitative of the returned products, excluding all damages for any cause whatsoever. In the absence of proven fault of products, they will be returned to society Qaba' he risks and costs exclusive client.
Are considered as force majeure with regard to the obligations of the company Qaba' he, events beyond his control and that it cannot reasonably be obliged to provide, to the extent that their occurrence makes it harder or more expensive the performance of its obligations. It will thus also be in all circumstances, and even if they are not in the above definition, including the case of war, explosion, acts of vandalism, riot, popular movements, acts of terrorism, machine breakage, fire, storm, water damage, strike, lockout, acts of Government, embargo, shortage of raw materials, supply difficulties, the regulatory changes applicable to the products involved in the factories or premises of the company Qaba' he and/or the suppliers and/or service providers which depends on the company Qaba' he.