Terms of Sales
Article 1 Application and enforceability of the general conditions of sale:
1.1 These general conditions of sale (GTC) govern all sales of products made by the company SL SPORT EQUIPMENTS and prevail over all documents of the buyer, and in particular on all general conditions of purchase and all other general or special conditions appearing in the order or any other document of the buyer. They apply to all transactions carried out in the absence, in particular, of a specific contract.
1.2 Any order placed by a Customer implies full and unreserved acceptance of the Customer to these GTC. The information contained in any other document, in particular catalogs, electronic media, prospectuses and advertising documents, are only given by SL SPORT EQUIPMENTS for information purposes and may be modified at any time without notice.
1.3 Any exemption from these GTCS granted by an agent, distributor or employee shall not will bind SL SPORT EQUIPMENTS only if it has been accepted in writing by the Management by SL SPORT EQUIPMENTS.
1.4 The fact that SL SPORT EQUIPMENTS does not take advantage of any one of the conditions of these T & Cs cannot be interpreted as a waiver of subsequently invoking any of the aforesaid conditions.
Article 2 Order modification - cancellation
2.1 Any special purchase clause or condition appearing on the purchase order form the buyer who would be in opposition to these conditions would be considered as nothing. Orders are firm and final as soon as the company SL SPORT EQUIPMENTS has accepted them by sending the Customer a document entitled “Invoice”. The SL SPORT EQUIPMENTS invoice is binding between the parties. After receiving the invoice, the Customer can neither modify nor cancel his order without the agreement writing from SL SPORT EQUIPMENTS confirming the prices, deadlines and terms of delivery of the modified order.
2.2 The technical characteristics of the products sold by SL SPORT EQUIPMENTS are given for information only and can be found on the website: www.sl-sport-equipments.com. In all cases where no particular specification will be offered by the buyer and accepted by SL SPORT EQUIPMENTS, the characteristics of the products sold will be those which appear in the specifications, catalogs or technical sheets of SL SPORT EQUIPMENTS on the date of the order. SL SPORT EQUIPMENTS reserves the right to make any modification it deems useful at any time and without notice. to its products.
2.3 An order cannot be terminated or canceled by the buyer without the consent express written by SL SPORT EQUIPMENTS. The buyer indemnifies SL SPORT EQUIPMENTS for all costs, fees, damages incurred by SL SPORT EQUIPMENTS due to termination or cancellation of an order.
Article 3 Delivery Transfer of risk
3.1 Unless otherwise stipulated in the order, delivery is made free of port, by making the products available at the agreed place. Risk transfer on the products sold by the company SL SPORT EQUIPMENTS is carried out at the discount products to the Customer or to the carrier designated by the Customer.
3.2 Export delivery is made according to DDP Incoterm (Incoterms 2010).
3.3 The delivery times indicated by SL SPORT EQUIPMENTS are understood to from the date of the order invoice. Delivery times are indicated as exactly as possible but are dependent on availability and lead times logistics. Delivery time overruns cannot give rise to either damages and withholding, nor justify the cancellation of the order and the others current orders. Any late payment penalty is excluded. Suspension of delivery products in the event of payment default and delays justified by the non-communication by the buyer of the required information, their modification in progress execution of the command or by an event beyond the control of SL SPORT EQUIPMENTS, of an inability to provide or falling under the force major, do not give the right to the buyer to cancel the order or to claim damages and interests. SL SPORT EQUIPMENTS cannot be held responsible for repairing indirect damage and / or immaterial damage resulting from a delay delivery.
3.5 In case of damage or missing, it is up to the Customer to formulate with the carrier all the necessary reservations by registered letter with notice of receipt or extrajudicial act, within three days of receipt goods.
3.6 The buyer will be responsible for obtaining from SL SPORT EQUIPMENTS the list of supplies subject to French legislation or to another legislation relating to the control of the final destination.
3.7 The products will be delivered in “lost packaging”. Recycling and / or destruction of packaging is the responsibility of the purchaser. The products will be packed according to the standard SL SPORT packaging and unit EQUIPMENTS. The collection, recycling, treatment and recovery of components and other products sold to the Customer, as well as the associated costs, are entirely payable by the Customer, unless otherwise agreed between the parties.
Article 4 Complaints for apparent defects or non-conformity
4.1 Complaints about apparent defects or non-conformity of the product delivered to the product ordered or to the delivery note, must be formulated by the Customer by registered letter with acknowledgment of receipt within a three (3) clear days from the delivery of the products.
4.2 It will be up to the Customer to provide any justification as to the reality of defects or anomalies noted. He will have to leave to the company SL SPORT EQUIPMENTS any facility to establish these defects and to remedy it. He will refrain from intervening himself or involving a third for this purpose.
4.3 In the event of an apparent defect or non-conformity of the duly delivered products observed by the company SL SPORT EQUIPMENTS under the conditions mentioned above, the Customer may obtain free replacement of the products, to the exclusion of any order cancellation or compensation or damage and interests.
4.4. Complaints do not suspend payment by the Customer for the products concerned.
4.5 All product returns must be made according to the acceptance procedure indicated by SL Sport equipments. Return of defective or non-defective products compliant is carried out at the cost and risk of the Customer in their packaging original complete and in good condition. If the complaint is justified, the company SL SPORT EQUIPMENTS will deliver replacement products to its costs and risks.
Article 5 Guarantee
5.1 The products of SL SPORT EQUIPMENTS are guaranteed against any material or manufacturing defect for a period of 2 years for new products and 1 month for used products, from the provision (or the delivery date), and provided that the Customer has informed SL SPORT EQUIPMENTS of this defect within a period of 20 days from its discovery. The customer has 14 days from the delivery date to return the product without justification and obtain his reimbursement. Interventions under the warranty do not could have the effect of prolonging the duration of the latter. Pass within 20 days, SL SPORT EQUIPMENTS will no longer be subject to the guarantee of conformity or to any obligation compensation unless agreed between the parties. Under this guarantee, the only obligation incumbent on the company SL SPORT EQUIPMENTS will be the possible replacement at its option, free or repair of the recognized product or item defective by its services. To benefit from the warranty, all products must first be submitted to the quality department of the company SL SPORT EQUIPMENTS whose agreement is essential for any replacement. Any shipping costs are the responsibility of the Customer.
5.2 The guarantee cannot give rise, in any case, to the payment any compensation.
5.3 The warranty only applies to hidden defects, which make the product unfit for its use and not likely to be detected by the purchaser before use. The warranty does not apply for defects apparent. Defects and deterioration are also excluded caused by normal wear and tear of products or by external accident (assembly or adaptation except carried out under the supervision of the SL SPORT EQUIPMENTS company, faulty maintenance, use not provided for in the catalog or abnormal), or by modification or repair of the product made by the Customer, or again from negligence, accident, storage in poor conditions, errors or deficiencies in specifications and other items provided by the buyer. The buyer will have to notify SL SPORT EQUIPMENTS in writing without delay defects affecting the products and providing all justifications relating to these. First of all return of products under warranty, the buyer must obtain the prior agreement of SL SPORT EQUIPMENTS. The products must be returned within their original packaging and in good condition, at the expense and risks of the buyer; they will become there again property of SL SPORT EQUIPMENTS. Repaired supplies or replaced will be shipped at the expense and risk of SL SPORT EQUIPMENTS. Any other guarantee, in particular as to the suitability products to their use or destination final, is expressly excluded, with the exception of legal guarantees. The responsibility of SL SPORT EQUIPMENTS for the costs, costs, expenses and other losses associated with inspection, testing, dismantling, reassembly, removal, refitting, redesign caused by a defect or repair or a replacement of the product is excluded.
5.4 The responsibility of SL SPORT EQUIPMENTS
due to defective products excludes any compensation for damage to property for professional or personal use.
Article 6 Prices
6.1 The products are sold at the prices in force on the day of the order, expressed in euros and taking into account VAT account applicable on the day of the order. The prices invoiced are net inclusive of all taxes (TTC).
6.2 Any tax, duty or other benefit payable in application of French regulations, or those of a importing country or a transit country, are charge of the Customer.
Article 7 - Payment terms:
7.1 Payments will be made at the option of the SL SPORT EQUIPMENTS company by bank transfer bank or draft accepted. The payment conditions are applicable from of the invoice date without postponement of the due date possible. In accordance with article D441-5 of the code of e commerce, any payment beyond due date will give rise to the collection of a lump sum of 40 euros. No discount is granted for early payment. Invoices are issued by SL SPORT EQUIPMENTS to the date of availability of the products or on the date of shipment. Constitutes a payment within the meaning of this article, not the simple handing over of the means of payment, but its actual collection at the agreed deadline.
7.2 In the event of delay or non-payment, the company SL SPORT EQUIPMENTS may suspend all orders in progress, without prejudice to any other course of action. All amounts unpaid when due will produceas of right and without prior notice interest at a rate equal to the rate applied by the European Central Bank to its operation of most recent refinancing plus ten (10) percentage points due the day after the payment date shown on the purchase invoice goods. These penalties will be payable on simple request.of the company SL SPORT EQUIPMENTS without prior notice.
7.3 Any deterioration in the Customer's credit and / or
non-compliance with payment terms by the Customer may justify the requirement of guarantees or a settlement in cash or by draft payable on sight, before fulfillment of orders received.
7.4 No claim or dispute authorizes the Customer to defer payment of an invoice. In accordance with the provisions of article L. 442-6 (8 °) of the Commercial Code, the buyer refrains from automatically deduct from the amount of the invoice by SL SPORT EQUIPMENTS penalties or discount corresponding to non-compliance with a due date delivery or non-conformity of the Products, when the debt is uncertain, liquid and payable, without SL SPORT EQUIPMENTS even having been able to verify the reality of the corresponding grievance.
7.5 In the event of partial or total default of payment and / or late payment, the sums which would be due for other deliveries or for any other cause will immediately become payable if SL SPORT EQUIPMENTS does not opt for the resolution of the corresponding commands.
Article 8 Retention of title clause
8.1 IN THE EVENT OF DEFAULT OF PAYMENT BY THE CUSTOMER OF
ALL OR PART OF THE PRICE OF THE ORDER, THE COMPANY
SL SPORT EQUIPMENTS IS RESERVED, UNTIL
FULL PAYMENT, A PROPERTY RIGHT ON
THE PRODUCTS SOLD ALLOWING HIM TO
TAKE BACK POSSESSION OF SUCH PRODUCTS; ALL
DEPOSIT PAID BY THE SL SPORT CUSTOMER
EQUIPMENTS WILL REMAIN ACQUIRED FROM THE SL COMPANY
SPORT EQUIPMENTS FOR COMPENSATION
LUMP SUM, WITHOUT PREJUDICE TO ANY OTHER
ACTIONS THAT SHE WOULD BE ENTITLED TO INITIATE
MADE AGAINST THE CUSTOMER.
8.2 The provisions of this clause do not
obstacles to transfer to the Customer, upon delivery,
risks of loss, deterioration, theft or disappearance
whatever the cause.
8.3 As long as the price has not been paid in full,
the Customer must individualize the products delivered
under this contract and do not mix them
with other products of the same nature from
other suppliers. In the absence of individualization
, the company SL SPORT EQUIPMENTS may in
demand reimbursement or take back those still in stock.
8.4 In the event of garnishment or any other intervention
of a third party, the Customer must imperatively
inform SL SPORT EQUIPMENTS without delay
in order to allow him to oppose it and to preserve his rights.
Article 9- Force Majeure
SL SPORT EQUIPMENTS will not be responsible for
non-performance or late performance of its
obligations under the contract with the buyer and
orders if this non-performance or
late execution is due to a force event
major, that is to say any independent event
at the will of SL SPORT EQUIPMENTS or in the event of
circumstances beyond the company's control
SL SPORT EQUIPMENTS, such as flood, fire,
storm, epidemic, strike, logistical stoppage
by accidental breakdown, interruption of supply
energy or raw materials, interruption of
means of transport, are considered in particular
as cases of force majeure.
Article 10- Termination clause
10.1 In the event of non-performance of the buyer's obligations,
in particular the non-payment of all or part
of the price at the agreed maturity, the sale and all
the others running can be
resolved by the company SL SPORT EQUIPMENTS.
10.2 The resolution will take effect forty eight hours
after sending, by registered letter, a
formal notice remained unsuccessful.
10.3 The company SL SPORT EQUIPMENTS will then be
return unpaid products and
will regain possession without a decision to
justice is necessary, which the Client expressly accepts.
10.4 In the event of a dispute, the competent summary judge
will order the return, at the expense and risk of the Customer.
10.5 The Customer will return the products
without delay. Any delay will be penalized by a
penalty of 150 Euros per day from
ninth day following the presentation of the letter
recommended above.
Article 11 Industrial property / confidentiality
11.1 All information communicated by the company
SL SPORT EQUIPMENTS to a Client,
in particular commercial data, documents of
whatever nature and on whatever
support whatsoever, remain the property of the
SL SPORT EQUIPMENTS company. Technology,
know-how and all industrial property rights
and intellectual property relating to products remain the
exclusive property of SL SPORT EQUIPMENTS. Alone is
granted to the buyer a right to use the
non-exclusive products. The equipment,
tools developed or acquired by SL SPORT
EQUIPMENTS for the execution of the order remain
the exclusive property of SL SPORT EQUIPMENTS
unless otherwise provided for by the parties.
SL SPORT EQUIPMENTS does not guarantee in any case
the buyer against the claims or remedies of
third parties claiming infringements of their property rights
industrial or intellectual, if the alleged infringement
results (i) from the integration of products
of SL SPORT EQUIPMENTS in another product,
equipment or as a whole, or (ii) respect
by SL SPORT EQUIPMENTS plans,
specifications, instructions supplied by the buyer.
11.2 Each party recognizes the confidential nature of all
information transmitted to it by the other party as part of the
this contract. The Client undertakes not to disclose
none of the aforementioned information, not to use it
only for the needs of the project concerned and to return them
to SL SPORT EQUIPMENTS on request
written. This confidentiality commitment will be valid during the
period of validity of this contract as well as after its
expiration or termination regardless of the cause.
Article 12 Liability
12.1. SL SPORT EQUIPMENTS will not incur any liability
in the event of non-performance under
general conditions and related agreements arising
circumstances beyond his
will, especially in the event of Force Majeure.
12.2 The responsibility of SL SPORT EQUIPMENTS for
direct material damage caused by
SL SPORT EQUIPMENTS and / or the product cannot
exceed the cost of defective products as well
that it is determined by the invoices sent to the
buyer in net prices. The buyer guarantees the waiver
recourse to its insurers or to third parties in a contractual relationship
with him, against the seller and his insurers beyond the limits set
in the insurance policies of SL SPORT EQUIPMENTS.
12.3 Under no circumstances will SL SPORT EQUIPMENTS be
required to compensate damages
indirect and intangible, consequential damages
or not, whatever the cause, such as
operating losses, loss of income, losses
profit, personal injury or
commercial. The buyer guarantees the waiver
recourse to its insurers or third parties in
contractual relationship with him against the seller for
this type of damage.
All penalties and indemnities stipulated herein
have the nature of damages
fixed, discharge and exclusive of any other
sanction or compensation.
12.4 The remedies provided for in the previous paragraphs
shall constitute the sole and exclusive remedy of
the buyer against SL SPORT EQUIPMENTS in the event of an infringement
the seller's obligations in the
part of the contract with the buyer, and what the claim
either motivated by a tort, the
breach of an obligation entered into under the contract,
or even a guarantee, negligence or any other reason.
12.5 The limitations of liability of this clause
do not, however, exclude or limit the
responsibility of SL SPORT EQUIPMENTS in the event of
bodily injury, or gross negligence or fraud
by SL SPORT EQUIPMENTS
Article 13 Export control
The buyer acknowledges that the products that are
sold under these general conditions
of sale may be subject to applicable rules and laws
in export control
in particular the regulations applicable to space
European economy. The buyer agrees if
such should be the case, not to carry out any export
or re-export of said products in
violation of the rules and laws applicable in
export control. The buyer is at
surplus responsible for compliance with applicable rules and laws
in export control
to the country of final destination and payment of
the rights attached to it.
Article 14 Non-transferability
The buyer may not assign the contract, in whole or in part,
to a third party, without the prior express consent of SL SPORT EQUIPMENTS.
Article 15 Applicable law Competent court Election of domicile
The general conditions of sale are subject to
French right. Any dispute arising from
GTC or relating to them, will be subject to the jurisdiction
of the Commercial Court of Pontoise
- France, which is expressly accepted by the Customer.
The choice of domicile is made by SL SPORT EQUIPMENTS
at its head office.
.