The Company
CLUB ELECTRONICS
LLC with a capital of 50,000 €
Nanterre Commercial and Companies Register Number: B422 736 702
Siret number: 422 736 702 00065
APE number: 4652Z
VAT number: FR 11422736702
Orders
Acceptance of our proposals implies unconditional acceptance of these conditions of sale, which shall take precedence, notwithstanding any provisions to the contrary that may appear on the buyer's purchase orders, their general purchase conditions or any other document issued by them.
No order, even an order taken by our agents and representatives, shall constitute a commitment on our part until acceptance in writing has been given by the company.
Prices
They are provided for information purposes only and do not constitute a commitment.
Prices are always quoted excluding taxes and are subject to revision to the extent that new economic conditions or tax burdens affect them on the date of delivery (by way of example, but without limitation: exchange rate, value of raw materials, duties and taxes).
Delivery
The delivery time period starts running only upon receipt of order confirmation.
This time period is given only for information purposes and shall not entail any penalties for delays. This time period may be automatically extended in cases of force majeure, and under no circumstances shall the seller be held liable for direct or indirect consequences.
The seller reserves the right to deliver the material in several partial deliveries. Partial deliveries may be separately invoiced (partial invoicing).
Packaging and Shipping Fees
Packaging and shipping fees shall apply to each order or shipment. Goods always travel at the consignee's risk, even if, by exemption, the delivery was prepaid.
It is the consignee's responsibility to check the shipment upon its arrival and to determine, if necessary, whether to exercise redress against the carriers.
Merchandise Returns
No merchandise may be returned for return or exchange without the prior written agreement of the seller.
Claims must be sent to the seller within 21 calendar days of the date of delivery of the material at the consignee's address; failure to do so releases the seller from liability. This liability is limited to their choice of either reimbursement or replacement, with or without a delivery time period, of any part deemed defective by the seller; the seller shall not be held liable for incidental or consequential damages.
Changes
Buyers will not be allowed to cancel their order or a part of their order without a written agreement from the seller. Unless otherwise agreed in writing, the seller may bill the buyer for the actual quantity purchased.
Termination and Liability
Should the seller find themselves partially or wholly unable to fulfill their obligations due to reasons beyond their control, they may terminate the order or extend the deadline without incurring any liability. This termination may not give rise to any damages or indemnities.
The seller shall not be held liable for the direct consequences that may result from hidden defects, visible defects or errors in order taking or fulfillment.
Payment Terms
All sales are considered to be processed and payable at MEUDON, with no exception possible to this jurisdiction clause, regardless of the type of payment, or the agreement or delivery location. Non-payment of an invoice on its due date results automatically in the accrual of interest on the basis of the overdraft rate of the local banking marketplace starting on the date on which payment was due: its collection through judicial channels shall entail a 15% increase on the principal claimed. When payment by bills of exchange is agreed upon, it is fully understood that non-payment of an instrument by its due date entails the immediate obligation to pay outstanding balances, even when they are subject to bills of exchange accepted at later due dates.
NWe reserve the right to automatically and without formal proceedings settle the sale of our material in the event of the complete non-payment of any amount due of the price whatsoever eight days after a formal notice, sent by registered mail with acknowledgement of receipt and containing a reminder of the termination clause, has gone unheeded. In this case, the material shall immediately be returned to us at the buyer's expense, with a penalty equivalent to 10% of its value for each week of delay. The amounts due that have already been paid will be kept by us as damages.
Disputes
In the event of a dispute regarding the interpretation of these conditions, the Commercial Court of NANTERRE shall be the sole court having jurisdiction, even in the case of third-party appeals or multiple respondents and notwithstanding any clause to the contrary.
Retention-of-Title Clauses
In addition to our above-mentioned general conditions of sale, and, pursuant to the law of May 12, 1980, concerning the effects of the retention-of-title clause in sales agreements, the material delivered remains the property of our Company until full payment of the amount shown in the corresponding invoice.
In the event of a temporary suspension of legal action, settlement or legal redress or liquidation of assets, material that has been delivered, invoiced and is still unpaid remains by right the property of our Company.
The provision of bills of exchange or any other security creating an obligation to pay does not constitute payment.
By registered letter alone, we can demand the return of goods at the customer's expense. The customer's failure to expressly object to this retention-of-title clause shall be understood as their acceptance to deliver the products.