TERMS AND CONDITIONS SARL OLMAGI (2018, january 01)
applied to the products and services selled directly
or from websites www.olmagi.com remove-beforeflight.com
Headquarters 305 chemin des Tourrasses 84210 Saint Didier (France)
Sarl with capital 7 622 €
Incom TVA FR 61409843026
Phone : +33 (0)4 90 66 14 17
Principal Email : info @ olmagi.com
remove-beforeflight.com - property of Sarl OLMAGI
1. Object and scope
Any product order implies full and unreserved Client to these terms and conditions, which govern the business relationship between the customer and OLMAGI and prevail over any other document of the buyer, including all terms and conditions purchase except derogatory written agreement prior express OLMAGI.
These general conditions of sale, commercial negotiation base apply to all sales of products by OLMAGI unless prior specific agreement in order between the parties.
The merchant / business customer is defined as opposed to the consumer customer, any customer / buyer contractor for the needs or in the context of his professional activity.
3. Training Contract
3.1 Offer : When OLMAGI establishes an offer, it is acomplement to these terms. All offers are valid for 30 days from their date of issue.
3.2 Order : Order means any order on our products, our services, our rates or our offers, and accepted by OLMAGI. All orders for customized products requires a prior offer OLMAGI which must be an express confirmation by the customer (signature of the originator, date and stamp sales) by mail, fax or email resuming number of the offer. Orders and transmitted to OLMAGI are irrevocable unless written acceptance from us.
Any request to change the composition or volume of an order placed by a customer, could not be taken into account by OLMAGI, if the request is made in writing, including fax or electronic mail, and reached OLMAGI, no later than 8 days after receipt by OLMAGI the initial order.
If modification of the order by the customer, OLMAGI be loosed agreed deadlines for its implementation.
3.3 Quantitative tolerance : for all manufacturing, quantities may vary +/- 5% and billable deliverables accordingly.
4.1 Shipment : Delivery times are only given for informative purposes; they depend in particular on the availability of carriers and the order of arrival of orders. With this reservation, except in cases of force majeure, OLMAGI strives to meet the delivery times it indicates the acceptance of the order. This period starts from the receipt of the corrected proof validated by the customer in case of product customized on request. In case of delay, OLMAGI reserves the right to make partial deliveries with corresponding invoice. The buyer shall in no case be entitled to partial delivery to postpone the corresponding payment.
4.2 Risks : The transfer of risk on products sold by OLMAGI occurs upon delivery of products to the carrier.
4.3 Delivery and réception : The goods travel at the risk of the purchaser. It is the customer, in case of damage to goods supplied or missing, perform all necessary reservations with the carrier. All deliveries that were ot subject to reservations by registered letter within 3 days of receipt to the carrier in accordance with Article L133-3 of the Commercial Code, and copies shall be sent simultaneously to OLMAGI, will be considered accepted by the customer. The reception without reservation of products ordered by the customer covers all apparent defects and / or missing. Any reservation must be confirmed in accordance with Article 4.4.1
4.4 Claim and warranty
4.4.1 Without prejudice to be taken from customer towards carrier as described in section 4.3 in case of damage or missing, all other claims, of whatever nature, relating to the products delivered , will be accepted by OLMAGI if writing, by registered letter, within 8 days. It's the buyer to provide any justification as to the reality of defects or other claims.
4.4.2. Defects and deterioration caused by improper handling, by an external accident (incorrect assembly, faulty maintenance, improper storage, transportation not suitable ...) or by modification or abnormal use of the product not provided or specified by OLMAGI do can be held liable OLMAGI or warranty.
4.4.3. No return of goods shall be made by the customer without the express written consent of OLMAGI obtained in particular by email.
The return costs will be at the expense OLMAGI that if a defect or non-compliance is indeed found by the latter or his representative. Only the carrier chosen by OLMAGI should perform the return of the products concerned. All merchandise returned without our agreement will be rejected, any costs being borne by the buyer.
4.4.4. When, after controlling an apparent defect, nonconformity or missing is indeed found by OLMAGI or its agent, the customer can request not OLMAGI that the replacement of non-conforming products and / or addition to be made to fill the missing costs of it, without the latter being entitled to any compensation or resolution of the order.
4.4.5. The claims made by purchaser under the conditions and in the manner described by this article, do not suspend the payment by the customer of the goods concerned. The responsibility of OLMAGI can in no circumstances be held liable for acts during transport, destruction, damage, loss or theft, even if she chose the carrier.
4.4.6. Under guarantee, the only obligation for OLMAGI will be free replacement of defective goods recognized by the OLMAGI services. Defects and deterioration caused by natural wear, vandalism, accident, natural disaster or a terrorist, by modification of the product not envisaged nor specified by the OLMAGI company are excluded from the guarantee. Also excluded from the guarantee, all non-compatible or non-compliant products to the intended use for the kind of items OLMAGI sells.
5. Terms and settlement prices
The OLMAGI prices apply to all customers on the same date. They are fixed by the tariff in force at the date of placing the order. They always hear the unit amount excluding taxes and from the address of our office in SAINT DIDIER.
They are calculated net without discount. The customer orders are subject to our accounting department. In case of denial of coverage, you may be asked to order a settlement or delivery.
Unless otherwise agreed, and subject to the acceptance of our accounting department, the OLMAGI invoices are payable on or before the thirtieth day after the date of receipt. Unless otherwise agreed, no discount will be given for early payment. Invoices are payable to OLMAGI BP3 84210 PERNES FOUNTAINS draft, wire transfer or check. Pout ordering customized products to customer demand a down payment of at least 30 to 50% may be requested from the customer before beginning execution of the order. For any invoice remains partially or completely unpaid when due, the unpaid amount will be increased as of right, without prior penalties for delay remains at a rate equal to 3 times the legal interest rate in force in addition to a lump sum of € 40 as compensation for recovery costs. The amounts will be increased by over 15% as damages. Default interest is payable from the day following the settlement date on the invoice, if the sums due are paid after that date. Penalties for late payment are due as a result of a first written reminder.
In default of payment, even partial, or in case of a dispute concerning the payment of at least an invoice from OLMAGI, in accordance with these terms and conditions, OLMAGI reserves the right, until full payment of amounts due :
- To suspend performance of any subsequent orders
- And / or refuse any future orders from the customer
- And / or order the cancellation of the sale of right after sending a registered notice by mail up with AR been unsuccessful during a period of 15 calendar days of receipt.
- And / or make the balance payable on the other invoices issued to the customer.
- And / or require a cash payment for any future orders.
The measures set out above does not extinguish the customer's debt to OLMAGI.
6. Retention of title
TRANSFER OF OWNERSHIP OF SALES BY OLMAGI IS ADJOURNED TO FULL PAYMENT OF THE PRICE THEREOF BY THE CLIENT IN PRINCIPAL AND ACCESSORIES, EVEN IF GRANT OF PAYMENT PERIODS. ANY CONTRARY, INCLUDING INCORPORATED IN THE GENERAL CONDITIONS OF PURCHASE IS DEEMED NOT WRITTEN. THE DOWN-PAYMENTS WILL BE KEPT TO COVER ANY LOSSES RESALE. IN CASE OF TRANSFORMATION OF PRODUCTS SOLD BY MAKING MATERIALLY OLMAGI IMPOSSIBLE THE EXERCISE OF RIGHTS OLMAGI.
ON ITS PRODUCTS, THE LATTER SHALL PERFORM HIS DUTIES ON THE PRODUCTS OF THE SAME KIND AND SAME QUALITY THAT ARE IN THE HANDS OF THE CUSTOMER AT THE TIME OF CLAIM. THIS SECTION DOES NOT PREVENT THE RISK THAT THE PRODUCTS SHOULD BE TRANSFERRED TO THEIR CUSTOMER DELIVERY THEREOF.
7. Force Majeure
Are considered as force majeure events beyond the control of the parties, external, unforeseeable and unavoidable, making totally or partially impossible to perform the respective obligations. In such circumstances, OLMAGI notify the customer in writing, including by fax or email within 5 days from the date of the occurrence of force majeure which it faces.
The contract between the customer and OLMAGI will be suspended automatically without compensation to the client, the date of occurrence of the force majeure event. If the force majeure event was to last more than 30 (thirty) days from the date of occurrence thereof, OLMAGI reserves the right to terminate the sales contract with the customer without the latter does being entitled to the grant of compensation.
8. Law and Intellectual Property
The entire catalog and Web site concerns the French and international legislation on copyright and intellectual property.
All reproduction rights are reserved, including downloadable documents and illustrations and photographs. Reproduction of all or part of this site on any medium whatsoever is strictly prohibited without our express permission. To exercise this right, please contact us by email at: info @ olmagi.com.
Use of logos in trademarks: trademarks mentioned in the pages of this site are trademarks of their respective owners. According to French and international legislation on copyright and intellectual property, any reproduction and / or use without their consent is strictly prohibited.
The fact that the company OLMAGI not invoke at a given time of any provision of these terms and conditions does not imply waiver of OLMAGI to invoke it later.
10. Commercial and artistic property
Any order for, or including the reproduction of a logo or other who enjoys the intellectual or artistic protection means that the buyer is allowed to reproduce it. It is up to the buyer to make any warranties in this respect.
Unless otherwise agreed, OLMAGI reserves the right to include in its catalog, on its website or sales brochures featuring photos printed logos or sold.
Customers are bound by a duty of confidentiality towards third parties on all items, documents, information given or exchanged in the context of contractual relations with OLMAGI and on technical elements provided information in the public domain.
In case of dispute relating to the acceptance, validity, performance or interpretation of these terms of sale, the parties undertake to seek first an amicable solution. If no amicable solution acceptable to both parties within a reasonable time after the dispute has arisen, the Parties shall give exclusive jurisdiction to the courts of the jurisdiction of AVIGNON and whatever the place of placing the order, the place of delivery or payment, even in case of third parties, interlocutory and / or multiple defendants.
13. Applicable laws
These general conditions of sale, sales governed and generally all commercial relations between the parties are governed by French Law.