GENERAL TERMS AND CONDITIONS OF SALE
Applicability
These terms and conditions apply to any sale by SARAH LINDA SAS to the addressee of a quote (hereafter the CUSTOMER).
Who is SARAH LINDA SAS
SARAH LINDA SAS is a French limited company (société par actions simplifiée) having its registered office 1 Avenue d’Ester, 87069 Limoges, France, registered with the Limoges trade registry under number SIRET 982 128 357 00018. SARAH-LINDA is specialized in the design and manufacture of tableware and homeware.
Quote, order and commitment
The CUSTOMER who wishes to order products from SARAH LINDA SAS receives a quote, mentioning the desired products, their price, the applicable costs and taxes, the invoicing conditions, the address of delivery, the time of delivery to the carrier or to the CUSTOMER, the reference to these general terms and conditions, and the period of validity of the quote.
Once a quote has been accepted, the order is firm and non-retractable, and entails an obligation for the CUSTOMER to pay the invoices, and for SARAH LINDA SAS to deliver the products mentioned on the quote.
How the delivery period is calculated
The period of delivery is the period mentioned on the quote within which the products are either handed over to the carrier, or made available for pick-up by the CUSTOMER if the address of delivery is that of the porcelain manufacturer.
The period of delivery runs from receipt of payment of the first invoice.
Manufacture and shipping
The products of SARAH-LINDA are manufactured in a porcelain manufacture in Limoges, selected by SARAH LINDA SAS. The manufacture selects the shipping company which will carry the order to the delivery address mentioned on the quote.
Control of the products at the time of delivery
Upon receipt of its order, the CUSTOMER must check the state of the packaging of its shipment and control that the products received are those it ordered. In the event of visible damage to the products, the CUSTOMER is advised to refuse the shipment with the carrier. The CUSTOMER must then inform the carrier and SARAH-LINDA of the damage.
If in the eyes of the CUSTOMER, a product has a defect or is not the product ordered, he or she must notify SARAH LINDA SAS in writing within 8 days of delivery, with photos. Any return of products, with corresponding return of payment, can only take place with the agreement of SARAH LINDA SAS.
Transfer of risk
The transfer of risk takes place when the CUSTOMER takes possession of its order at the address of delivery.
Payment
Payment term – Invoices are payable within 15 days. An invoice is considered paid when its full amount has been credited on the bank account of SARAH LINDA SAS mentioned on the invoice, in the currency of that account and without cost to SARAH LINDA SAS.
Penalty for late payment and for collection costs – late payment will give rise to a penalty equal to three times the French statutory interest rate, and to collection costs of 40 euros per unpaid invoice.
Retention of title – The products delivered remain the property of SARAH LINDA SAS until full payment.
Resemblance between photos and the delivered products
SARAH LINDA SAS makes best efforts in presenting products on its site in the most realistic way. However, the representation of a product on a screen or on a photo can differ slightly from the actual product. In addition, as the products are made by hand, there can be slight differences between the different copies of the same product. The CUSTOMER is aware of the risk of slight difference and accepts this.
Force majeure
Force majeure shall be characterised by the standard of article 1218 of the French civil code, hereafter reproduced:
A contract is affected by force majeure when an event outside the control of the party owing the obligation, which could not reasonably be foreseen at the time of entering the contract and the effects of which cannot be remedied by appropriate measures, prevents the party owing the obligation from fulfilling such obligation.
If the situation is temporary, the fulfillment of the obligation is suspended, unless the resulting delay justifies the termination of the contract. If the situation is permanent, the contract is terminated automatically and the parties are freed from the obligations as provided in article 1351 and 1351-1.”
Intellectual property rights
The products of SARAH-LINDA constitute original works of art protected by the laws on authors’ rights (copyright) even in the absence of filing. In addition, SARAH LINDA SAS can decide to file applications for design rights or trademarks. In any event, the copying of the products, of the trademark or logos of SARAH LINDA SAS is strictly prohibited, for whichever usage.
No right to resell
The CUSTOMER is not authorized to resell products bought from SARAH LINDA SAS.
Personal data
SARAH LINDA SAS may collect and process personal data of its customers, exclusively for the purpose of handling the order, of invoicing and of delivery. If SARAH LINDA SAS adds the CUSTOMER’s e-mail address to its list of recipients for commercial communications, the CUSTOMER can request at any time to be removed from the list.
Applicable law and handling of disputes
Sales of SARAH LINDA SAS products are governed by the law of France.
If a CUSTOMER is not satisfied with the way its order is handled, or with a product, he or she can send a written claim to SARAH LINDA SAS. If this claim is not handled to the CUSTOMER’s satisfaction within 15 days, the CUSTOMER can initiate a mediation.
Any mediation, whichever party requests it, must be requested with the Centre de mediation et d’arbitrage de Paris (CMAP) (https://www.cmap.fr/mediation/), in accordance with the rules of mediation of the CMAP (https://www.cmap.fr/reglements-du-cmap/).
Neither party can initiate court proceedings without first initiating the afore-mentioned mediation.
If mediation does not result in an amicable agreement, or if the dispute is not resolved within 3 months from start of the mediation, the dispute can be submitted to the commercial court (tribunal de commerce) of Paris, if the CUSTOMER can be characterised as a merchant, or to the civil court (tribunal judiciaire) of Paris, in the other cases.
