1. General provisions
Any order implies the buyer's full and unconditional acceptance of these terms and conditions of sale, unless special written conditions to the contrary exist.
The fact of entrusting us with an order implies that every customer accepts our general sales conditions without restriction.
None of the clauses on the order forms or on the correspondence that we receive from our buyers can therefore prevail.
2. Sale
No complaint with the content of our confirmation is possible if the buyer has not informed us in writing of any observations within forty-eight (48) hours.
Unless otherwise agreed in writing, our goods are sold ex our premises where the buyer accepts them without our having to invite him.
Goods supplied and accepted are neither returned nor exchanged.
3. Price
Our prices may be modified at any time, subject to prior written notice. Our prices are quoted exclusive of VAT and in Euros.
4. Delivery time
Our delivery times are given as an indication only.
All causes generally considered to be cases of force majeure shall automatically entail a waiver of all our commitments.
5. Transport
Any transport shall always take place by order of and on behalf of the customer at his own risk.
The unloading of the goods is always at the customer's expense.
The unloading must be carried out properly with sufficient manpower and the necessary equipment within a normal period of time.
6. VAT - import charges
Our products are shipped tax free. All customs duties and/or VAT and/or other taxes on import into the country of destination are the exclusive responsibility of the customer. [Incoterm DAP]
7. Guarantee
In the event of an apparent defect, our guarantee is, by express agreement, limited to the replacement of the quantities recognised as defective, without compensation or damages of any kind.
We do not guarantee any defect or apparent defect if reservations are not made fourteen days after receipt of the goods.
In the event of a hidden defect, the procedure is that set out in paragraph 14 (Disputes).
8. Return of products
All purchases made are final and no returns or exchanges are accepted. No return of goods in case of defect will be accepted without prior agreement.
9. Payments
Our invoices are payable in cash and without discount at our registered office.
Our arrangements by bills of exchange, acceptance of payment by cheque, money order or any other means of payment, do not constitute a novation or derogation to this clause. In case of delayed or late payment, interest rates will be added to the invoice from the first day of delay, depending on the due date indicated on the invoice. These rates are calculated at three (3) times the legal interest rate for late payment, in accordance with European law 2011/7/EU.
During the execution of a contract, we reserve the right, at any time, to demand from the buyer a good and solvent guarantee of the price of the supplies made and, in case of refusal, to terminate the contract.
10. Reservation and ownership
The delivered goods remain our property until full payment of all sums due to us for any reason whatsoever, even if partial payments are made for particular claims; in the case of current accounts, the reserved property guarantees the balance of our credit.
11. Complaints
Any complaint concerning the quality or quantity of the goods delivered by the seller must be made within fourteen days of delivery. Once this period has expired, no claim will be accepted. No return of goods will be accepted without the prior written consent of the seller. Although all shipments are insured by shippers, no claims can be accepted unless notifications of missing items or damaged packages are also confirmed by the customer to the shipper within 48 hours of delivery by registered mail with acknowledgement of receipt.
12. Trademark reproduction rights
The models, drawings, photos, illustration shots, prints, composition on special characters or other media created by us remain our property, even if they are invoiced, and reproduction is prohibited without our agreement.
The provisions of the law concerning ownership apply to our creations and any infringements will be prosecuted.
13. Intellectual property - internet sales
The use of our brand, logos, patents or any other intellectual property rights is subject to our prior written permission, especially when used at the customer's point of sale online. In the case of Internet sales, DALMARD MARINE only allows the presentation of products, colours and sizes in stock with the customer. Sales via reseller sites or marketplaces such as Amazon, Ebay, etc. are prohibited. All violations will be prosecuted.
14. Disputes
The contracts concluded between the seller and the buyer are governed by French law. Any dispute (including summary proceedings) that may arise in connection with the interpretation or performance of these terms and conditions shall, notwithstanding any clauses to the contrary on the part of the purchaser, fall within the exclusive jurisdiction of the court of Saint-Brieuc, France, even in the event of an incidental claim for indemnification or multiple defendants. All disputes are subject to French law before the court of Saint-Brieuc.
15. Choice of language
Documents of any kind (physical and digital), exchanged during the contractual and pre-contractual relations between the seller and the buyer, will be written in French. Thus, the French language shall be the authentic language in the following documents :
- Contractual matters and correspondence,
- Descriptive or usage documents,
- Technical definitions, operating and maintenance instructions, brochures.
However, for obvious practical and commercial reasons, a translation may be made into the language of the buyer's country.
In the event of such a translation, only the original document written in French shall be deemed authentic.
Version 12/2022