Terms of Sale
Term #1: object
These terms of sale describe rights and duties of the society Favori Décor and its client in the context of the sale of the following products : paints and accessories of the brand Benjamin Moore.
Every delivery done by the company Favori Décor implies the adhesion of these terms without reserve from the buyer.
Term #2: order
The order must precise the quantity of sold products, agreed price, payment terms, and place of delivery.
Orders are definitive when they are confirmed in writing or by e-mail with the payment on the purchase order.
When delivery is done, the order is irrevocable.
Color : Even if Favori Décor strives to present colors of our products the most accurately possible, it can not guarantee that the screen of the buyer will present the same color of the product. In de doubt, we advise to examine real samples of the color before ordering.
Term #3: price
Price of the products are the ones in force at the moment of the order. They are presented in euros and calculated without taxes. As a result, they are majorated of the TVA rate and eventually transport fees.
Favori Décor reserve the right to modify its prices at every time. However, it engages to apply the prices when the order was placed.
Term #4: rebates
Prices include rebates that Favori Décor would be brought to grant, given its results or the support of the buyer of some services.
Term #5: discounts
No discount will be granted in case of anticipated payment.
Term #6: payment terms
Payment of orders are done par bank transfer, credit card, cash or Paypal.
Invoices are payable at the deadline which is written.
During the order placement of the products manufactured as the customer’s specifications, or if they are clearly customized, the buyer must have to make a down payment of 60% of the total amount of the invoice, the balance must be paid at the reception of the products.
Term #7: late payment
In case of total or partial non-payment of the delivered products, the day of the reception the buyer must pay to Favori Décor a delay penalty of 3 times the legal interest rate.
The retained rate will be the one in force at the day of the delivery.
Since the 1 st of January 2017, the legal rate will be revised every 6 months.
This penalty is calculated on the TTC amount of the sum due and runs without the need of a formal notice.
Moreover, every unpaid amount at its due date, including the deposit, will lead to a fixed allowance of 40€ for the recovery fees.
Articles 441-6, I alinéa 12 et D. 441-5 du code de commerce.
Term #8: termination clause
If in the 15 days following the application of the term “Late payment”, the buyer doesn’t paid the amount due, the sell will be terminated and could lead to the allowances of damages to Favori Décor.
Term #9: ownership reserve clause
Favori Décor keeps the ownership of the products until the total payment. So if the buyer is subject to a judicial redress or a liquidation, Favori Décor reserves the right to claim, in the course of the collective proceedings, the goods sold and left unpaid.
Term #10: delivery
The delivery is made:
- Either by the direct delivery of the goods to the buyer
- By sending a notice of availability in store to the purchaser
- At the location specified by the purchaser on the purchase order
The delivery time indicated when the order is registered is for information only and is not guaranteed. Delays in delivery may not give rise to any penalty or indemnity, nor may they justify the cancellation of the order.
The risk of transport is borne entirely by the purchaser.
The unreserved receipt of products ordered by the customer covers any apparent and/or missing
Any reservations will have to be confirmed.
In case of missing goods or apparent defects, the purchaser shall make all necessary reservations on the order form upon receipt of the goods. These reservations must also be confirmed in writing within five days of delivery, by AR registered mail.
It is up to the purchaser to provide all the justifications as to the reality of the defects or deficiencies found.
No return of goods may be made by the customer without the express prior written consent of Favori Décor, obtained by mail or e-mail. The return costs will be borne by our company only if an apparent defect, or a missing part, is found by the latter or his agent.
When, after checking an apparent defect or a missing one, the Favori Décor company or its agent actually finds it, the customer will only be able to ask the company Favori Décor for the replacement of non-compliant items and/or the complement to be added to fill the gaps at the expense of the
company without the latter being entitled to any compensation or to the resolution of the order.
The claim made by the purchaser shall not suspend payment by the customer of the goods
Suspension of deliveries: in case of complete non-payment of an invoice due, after formal notice has not been given within 48 hours, Favori Décor reserves the right to suspend any current and/or future delivery.
Term #11: force majeure
The responsibility of the company Favori Décor may not be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure refers to any external, unpredictable and irresistible event within the meaning of Article 1148 of the Civil Code.
Term #12: competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Paris Commercial Court.
The company Favori Décor reserves the right to change these terms and conditions of sale occasionally and it asks buyers to refer to them every time they place an order.
The address for any comment or complaint is : SAS Favori Décor, 24, rue Rigault, 92000 Nanterre.