General Terms of Sale
(indicated on the back of invoices and order forms for professionals)
Article 1: Applicability
The present terms of sale are applicable generally to all of our sales transactions except in the case of specific contractual stipulation to the contrary with our express approval. No other conditions can be considered binding for the Seller without that party’s written confirmation.
Article 2: Orders
By placing an order, the Buyer implicitly accepts the present terms of sale completely and with no reservations. All orders must be accepted by us personally. Orders under the amount of €1,000 will not be accepted.
Article 3: Delivery times
The delivery and shipping time specified upon acceptance of the order is given only as a general indication. Regardless of the methods chosen for shipping and payment of the shipping costs, all goods sold are transported at the Buyer’s risk. Under all circumstances, our company is released from liability once the shipping agent signs the dispatch note and takes charge of the goods. In compliance with the provisions of Article L. 133 3 of the French Commercial Code, any claims for loss or damage must be submitted by the recipient to the shipping agent on the waybill and the delivery slip, and confirmed within a period of three days. Otherwise, the recipient will be solely liable for the consequences of this negligence. All claims regarding the conformity to standards of the delivered merchandise and its accessories, and in particular the certificate of authenticity, must be submitted within 48 hours after delivery.
Article 4: Prices
The prices in effect on the order date are considered to include shipping and customs fees, except in the case of exceptional destinations, as indicated in the order confirmation e-mail, which will include an evaluation of the shipping costs.
Article 5: Payment deadline and late charges
In principle, all of our merchandise is payable in full upon ordering. The date when the amount is credited to our bank account is considered the date of payment. In the case of delayed payment granted as a derogation from our General Terms of Sale, any payment made later than the defined deadline will, without requiring formal notice, automatically entail the additional payment of a late charge equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in compliance with the provisions of Article L. 411-6 of the French Commercial Code. In addition, in the case of recourse to legal action, a penalty different from the indemnity set by the court will be imposed, as per Article 700 of the French Civil Procedure Code, equaling 10% of the outstanding total. In principle, no discount is due in the case of early payment. Failure to pay an invoice upon its due date will have the consequence of making all outstanding invoices payable immediately, even if they have led to the issuing of bills of exchange or promissory notes.
Article 6: Retention of title clause
By application of the provisions of Article L. 624-16 of the French Commercial Code, we remain the owners of the merchandise sold until its price and ancillary costs are paid in full.
We reserve the right, with no other formalities, to repossess the merchandise at the Buyer’s expense. In the case of resale prior to the full payment of the price and its ancillary costs, the Buyer agrees, upon our first demand, to forward all or part of the amounts receivable from the subsequent purchasers up to the value of the merchandise subject to the retention of title clause. In addition, as long as it is not paid for in full, the merchandise must be insured for our benefit, considering that in the case of accidental damage we will be subrogated to your right to seek compensation.
Article 7: Guarantees
It should be noted that our products are guaranteed for five years and that we cannot be held liable for the consequences of any uses other than those for which our products are normally intended, as defined in the “Important Recommendations” for use included with the certificate of authenticity for the knife. We strongly recommend that our products not be cleaned in a dishwasher nor be left soaking in water. We recommend that they be cleaned by hand using a soft sponge and liquid dishwashing detergent, and retailers must inform their customers of this point. Under no circumstances can the amount of our guarantee exceed the value of the products sold.
Article 8: Acts of God
If one of the parties intends to report a case of force majeure (act of God) that suspends or prevents the fulfillment of the contract, that party must immediately inform the other party. This type of unforeseen, unavoidable circumstance suspends the execution of the contract throughout its entire duration. Examples of acts of God include: acts of war or terrorism, strikes, extreme climatic conditions, and government bans on the import or marketing of the products in question.
Article 9: Jurisdiction clause
In the case of litigation, the Paris Commercial Court (Tribunal de Commerce de Paris) has sole jurisdiction, basing its ruling on the French laws and European Union regulations in force.
Note: The present document is an English translation of the original French “Conditions Générales de Vente.” In the case of any dispute or disagreement, only the original French document can be considered binding.