General Terms of Sale
Article 1 – Object
The present General Conditions of Sales (GCS) have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by Obélie to the Customer, from the order to the delivery, including payment and the use of services made available by Obélie.
Any service performed by Obélie therefore implies the Customer’s complete and unreserved acceptance of these general conditions of sale.
Article 2 – Price
The prices of the goods sold are those in effect on the day the order is taken, as they result from the proposal or estimate proposed by Obélie and accepted by the Customer. They are denominated in Euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
Article 3 – Discount/Deduction
No discount/deduction will be granted in the event of early payment.
Article 4 – Payment terms
The payment of orders is made:
- either by check;
- or by bank transfer
When registering the order, the Customer must pay a deposit of 50% (fifty percent) of the total amount of the invoice, the balance to be paid when the goods are dispatched.
Article 5 – Late payment
In the event of total or partial default in payment, the Client must pay SBLM a late payment penalty fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as set by the commercial code.
This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the invoice without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 of the Commercial Code.
Article 6 – Cancellation clause
If within fifteen days following the implementation of the “Late payment” clause, the Customer has not paid the sums remaining due, the sale will be resolved at the option of SBLM communicated in writing to the Customer and may open the right to the allocation of damages for the benefit of SBLM.
Article 7 – Title retention clause
SBLM retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the Customer is the subject of a receivership or a judicial liquidation, SBLM reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Article 8 – Delivery
The geographical area of delivery is as follows:
- Metropolitan France, Corsica, Monaco;
- Rest of the world : The Customer can contact the Obélie customer services to have more information on delivery conditions to a specific country in the world.
The delivery is done:
- either by the direct delivery of the goods to the Customer;
- either at the place indicated by the Customer on the quote accepted by him
The delivery time indicated when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the Customer:
- the award of damages;
- cancellation of the order.
The transport risk is borne entirely by the Customer.
In the event of goods missing or damaged during transport, the Customer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail with acknowledgment of receipt.
Article 9 – Force majeure
The responsibility of SBLM cannot be implemented if the non-execution or the 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 means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Article 10 – Court of competent jurisdiction
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of Toulouse.