Terms & conditions
Clause 1 : Purpose
The terms & conditions of sale described below expose the rights and obligations of MALFOY MAXIME and its customer within the framework of the sale of services and goods.
Any service accomplished by the company MALFOY MAXIME implies the adhesion without reserve of the purchaser to the present terms & conditions of sale.
Clause n° 2 : Price
The prices of goods and services sold stay the same as the day the order is taken on. They are denominated in euros and calculated net of tax. As a micro-enterprise, the rate of VAT is not applicable under Article 293 B of the french CGI.
MALFOY MAXIME grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods and services ordered at the prices indicated when the order is registered.
Clause n°3 : Quotation
For any service, MALFOY MAXIME is committed to provide an estimate to the customer. The latter is required to return to MALFOY MAXIME by electronic or postal means a copy dated, signed and stamped by any authorized representative of the customer in the “Good for agreement” section.
This action is equivalent to an order from the customer to MALFOY MAXIME.
Clause n° 4 : Discount
A 5% discount will be granted for early payment.
Clause n° 5 : Terms of payment
The payment of orders is made by bank transfer.
When the order is registered, the buyer must pay a deposit of 30% of the total amount of the invoice, a second payment of 40% of the total amount of the invoice must be made upon delivery of the first deliverables, the balance must be paid upon receipt of the goods and services (30%).
Clause 6 : Late payment
In the event of non-payment in whole or in part of the goods delivered on the day of receipt, the buyer must pay MALFOY MAXIME a late payment penalty equal to 15%.
This penalty is calculated on the amount including all taxes of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to the late payment compensation, any sum, including the deposit, not paid by the due date shall automatically give rise to the payment of a fixed compensation of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause no. 7 : Resolutive clause
If within fifteen days following the implementation of the clause “Late payment”, the buyer has not paid the sums remaining due, the sale will be resolved by right and may give rise to the allocation of damages to the benefit of MALFOY MAXIME.
Clause n° 8 : Refusal of order
In the case where a customer would place an order without having proceeded to the payment of the previous orders, MALFOY MAXIME will be entitled to refuse to honour the order and to deliver the goods and services concerned without the customer being able to claim any indemnity for any reason whatsoever.
Clause n° 9 : Retention of title clause
MALFOY MAXIME retains ownership of the goods and services sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to a receivership or a judicial liquidation, MALFOY MAXIME reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
The customer authorizes MALFOY MAXIME to use its logo, its name and an objective description of the nature of its services in its list of references, activity reports as well as in case of legal, regulatory or accounting provisions requiring to mention its name during interviews with third parties.
Clause 10 : Delivery
The delivery is made :
– either by direct delivery of the goods to the buyer;
– or by sending a notice of availability to the buyer.
The delivery time indicated at the time of order registration is given only as an indication and is not guaranteed in any way.
Consequently, any reasonable delay in the delivery of the products shall not give rise to the buyer to :
– the allocation of damages.
– the cancellation of the order.
Clause n° 11 : Force majeure
The responsibility of MALFOY MAXIME cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present terms & conditions of sale results from a case of absolute necessity. As such, the force majeure is understood to be any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
Clause n° 12 : Applicable law
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Le Havre, 16 Rue du Colonel Fabien, 76600 Le Havre.
Any signature on a quotation implies acceptance of these general terms and conditions of sale.