Terms and conditions of sale

Groupe EDELWEISS S.A.S

Please note: French act no. 2008-776 of 4 August 2008 on the modernisation of the economy (known as the LME) capped payment terms and increased the rate of the penalties due in the event of late payment.

Clause 1: Purpose and scope

The terms and conditions of sale set out below detail the rights and obligations of EDELWEISS and of its customer in connection with the sale of its decorative articles, furniture, lighting and similar products, distributed under the Home Edelweiss & Drimmer brands.

Any service performed by EDELWEISS therefore implies the buyer’s unreserved acceptance of these terms of sale.

No specific condition, nor any other general condition issued by the party placing the order, may prevail over these terms unless formally accepted by EDELWEISS.

Orders taken by EDELWEISS sales representatives bind the company only once accepted by it.

Clause 2: Customer identification

For each new order, the customer shall provide EDELWEISS with the following details: shop name, registered company name, invoicing address, delivery address, telephone numbers and e-mail addresses, company registration number, VAT number, bank details (IBAN) and the name of the person in charge.

Clause 3: Prices

The prices of the goods sold are those in force on the day the order is placed. They are stated in euros and calculated exclusive of tax. They are therefore increased by the rate of VAT and by the transport costs applicable on the day of the order.

EDELWEISS reserves the right to change its prices at any time. It nevertheless undertakes to invoice the goods ordered at the prices in force when the order was recorded.

Clause 4: Early-payment discount

Where payment is made in full within 8 days of the invoice date, a discount of 1% may be deducted from the pre-tax amount of the invoice.

Clause 5: Terms of payment

The first order must be paid for when the goods are collected or delivered, cash on delivery. For subsequent deliveries, payment is made by bill of exchange, bank transfer or cheque at 30 days end of month from the invoice date, net without discount.

Should the buyer’s creditworthiness deteriorate, EDELWEISS reserves the right, even after an order has been partly shipped, to require from the buyer whatever guarantees it deems necessary for the proper performance of the commitments entered into. Any refusal to comply entitles EDELWEISS to cancel all or part of the order.

Clause 6: Late payment

Where the payment date is not met, a fixed recovery indemnity of €40 and late-payment penalties, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, become payable without any reminder being required.

Clause 7: Termination clause

If, within fifteen days of the “Late payment” clause being invoked, the buyer has not settled the sums due, the sale shall be terminated automatically and may give rise to an award of damages in favour of EDELWEISS.

Clause 8: Retention of title

EDELWEISS retains ownership of the goods sold until the price has been paid in full. Accordingly, should the buyer be placed in receivership or compulsory liquidation, EDELWEISS reserves the right to reclaim, as part of the insolvency proceedings, the goods sold and left unpaid.

Clause 9: Delivery

EDELWEISS requires a minimum order of €600 excluding tax. Carriage is free from €1,500 excluding tax. Where an order does not reach €1,500 excluding tax, EDELWEISS will invoice a contribution to carriage and packaging costs amounting to 10% of the pre-tax amount of the order.

The delivery time indicated when the order is recorded is given for guidance only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products may not give rise to an award of damages in favour of the buyer or to cancellation of the order.

Should the goods be damaged in transit, the buyer must enter all necessary reservations on the carrier’s delivery note. These reservations must also be confirmed in writing within 72 hours of delivery, by recorded delivery letter with acknowledgement of receipt addressed to the carrier. A copy of these claims together with the signed delivery note must also be sent to the registered office of EDELWEISS; failure to follow this procedure excludes any recourse on the customer’s part.

Credit notes are set off against future orders; under no circumstances are they refundable.

Clause 10: Force majeure

EDELWEISS may not be held liable where the non-performance or the delay in the performance of one of its obligations described in these terms and conditions of sale arises from an event of force majeure. Force majeure is understood here as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

Clause 11: Hardship

If a change of circumstances that was unforeseeable when the contract was concluded makes performance excessively onerous for a party who had not agreed to bear that risk, that party may ask the other party to renegotiate the contract. It continues to perform its obligations during the renegotiation.

In the event of refusal or failure of the renegotiation, the parties may agree to terminate the contract on the date and on the terms they determine, or jointly ask the court to adapt it. Failing agreement within a reasonable time, the court may, at the request of a party, revise the contract or bring it to an end, on the date and on the terms it sets.

Clause 12: Competent court

Any dispute relating to the interpretation and performance of these terms and conditions of sale is subject to French law. Failing an amicable settlement, the dispute shall be brought before the Commercial Court of Valenciennes.

Clause 13: Correspondence

All correspondence is to be sent to the registered office of EDELWEISS in Hautmont:

EDELWEISS S.A.S.
Chemin de la justice – D.95
59.330 Hautmont – France
info@edelweiss.fr

Clause 14: Ecomobilier

EDELWEISS is entered in the French national register of parties placing furnishing items on the market under number FR010831_10O9TQ. This number certifies that EDELWEISS, by joining Eco-mobilier, complies with the regulatory obligations incumbent on it under article L541-10-1 10° of the French Environment Code.

Clause 15: Ecosystem

The unique identifier FR010831_05QPRW, certifying registration in the register of producers in the WEEE sector pursuant to article L.541-10-13 of the French Environment Code, was assigned to EDELWEISS by ADEME. This identifier certifies its compliance with its obligation to register in the register of producers of electrical and electronic equipment and with the making of its placing-on-the-market declarations to ecosystem.