General terms and conditions
January, 12 2019
« IRISATIONS » means the joint stock company IRISATIONS SAS, 24, rue du Docteur Bourdon 78470 Saint-Rémy-lès-Chevreuse, France.
« CLIENT » means the customer who buys the goods or services.
« Goods» means goods sold by IRISATIONS to the CLIENT.
« Services » means services sold by IRISATIONS to the CLIENT.
2/ Purpose and scope
The herein terms and conditions describe the rights and obligations of IRISATIONS and its CLIENT that apply to all contracts for the sale of goods and services.
All services performed by IRISATIONS imply unconditional acceptance of the CLIENT to these terms and conditions of sale.
The placement of an order by the CLIENT implies acceptance of the herein terms. The terms specified in the order of the CLIENT that may be contrary to the herein terms shall not set against IRISATIONS.
Should any clause of these terms be found void or canceled, the other clauses would remain valid. The fact that IRISATIONS decides not to execute at any time or for any period any one or more provisions of the terms and conditions herein shall not be construed as a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
4/ Acceptance of purchase order
All orders shall be placed in writing and delivered by electronic or post mail . The order shall indicate :
- full name of the CLIENT and its precise address
for companies : the commercial or craft register number, the legal form and intracommunity VAT number
the delivery place, conditions of delivery, price and settlement terms.
Any quotation marked with the words « Agreed », dated and signed by the CLIENT, even in the absence of cash payment or payment of a deposit is a firm and final order and implies acceptance of these terms and conditions of sale.
Quotations are valid for 3 months. Beyond this period, IRISATIONS is not obliged to accept an order to the conditions laid down in the hereby quote. In particular, timely provision or delivery of products are subject to modification shall the delivery address or the quantity ordered differ from that indicated in the quote.
All goods and services not explicitly provided in the quote or the order will be considered as additional goods or services. They will be documented in an additional quote or purchase order indicating as minimum information, the price, conditions and, when applicable, the extended length of the implementation period foreseen in the original quotation. They will lead to the signing by the CLIENT of an amendment before execution.
Unless specified otherwise in particular terms, the minimum order is of 350€ excluding.VAT for the professional CLIENT and 60€ VAT included for the private CLIENT.
5/ Technical specifications
Visuals, photographs , characteristics, dimensions , weight, etc. indicated in the catalog or on the website are indicative and not contractual. IRISATIONS reserves the right to make changes, even after accepting the order of the CLIENT , without impacting the essential characteristics of the goods.
6/ Turnaround or readiness time
Turnaround, readiness or delivery times indicated on the quotation or in the confirmation of the order are only given as an indication. They begin to run from the date IRISATIONS has received the quotation agreed and signed by the CLIENT, the deposit or the payment set in the terms of the quote , and all documents and information required for the execution and delivery of goods or services.
A delay in performance, readiness or delivery shall not be considered as a ground to break the contract or to claim damages, delay penalties or any cancellation of the order.
7/ Right to retractation
The risk of transportation is entirely borne by the CLIENT.The CLIENT shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. The CLIENT shall check shipments upon arrival. In case of missing or damaged goods, the CLIENT must make all necessary reservations on the delivery slip upon receipt of the goods. These reservations must be additionally confirmed in writing within 3 days ( except holidays ) after delivery, by registered letter with acknowledgment of receipt (Article L133-3 of the French Code of Business ).
9/ Return of goods
Return of goods requires a prior authorization in writing from IRISATIONS. The insurance and shipment fees will be borne by the CLIENT.
The prices of goods and services that are sold are those in effect on the day the order is confirmed. Prices are in euros , net of VAT. They will be increased by the appropriate VAT at the date of the order. except in cases of self- liquidation or VAT exemption. The packaging, transportation and insurance costs, the custom or import duties (if applicable ) as well as the bank charges that arise from the payment used by the CLIENT will be charged to the CLIENT.
IRISATIONS has the right to change its prices at any time. However, IRISATIONS is committed to invoice the goods ordered at the prices indicated during the recording of the order. IRISATIONS prices are likely to change without notice, depending on economic conditions, particularly variations of commodity prices .
IRISATIONS recommends the CLIENT sells the goods at the suggested public price including VAT (if appropriate).
11/ Common provisions - classes and workshops
12/ Common provisions - sites
No discount will be granted in case of cash payment.
14/ Payment terms
Payment by cheques are accepted, should the CLIENT be established in France. In all other cases, the payment shall be made by SEPA bank wire. Cash on order is required to confirm an order of goods, whether custom-made or not.
Bank details : Banque Populaire Val de France - IBAN FR76 1870 7000 4330 9217 4100 295 - BIC CCBPFRPPVER.
Should any delay in payment arise, we will hold all ongoing orders without prejudice of any legal action or damages. All payments that are not made upon the due date shall legally yield delay interests of 1% per month of delay in payment, as well as the payment of a lump-sum of 40€ as recovery fees.
We warrant that all goods IRISATIONS sell are designed, decorated and made by IRISATIONS in its studio in France. The goods are made in accordance with the standards of professional practice. Since the goods are handmade, most pieces are unique and limited series copies may slightly differ in execution.
16/ Termination clause
In the event of non-payment within 48 hours following a formal notice, the contract that relates to this sale will be terminated and the CLIENT shall be liable to pay damages and interests to IRISATIONS. This termination will not only apply to the relevant order but also all previous paid orders, whether they are delivered, performed, in transit or under construction, and whether their payment is due or not. The CLIENT shall reimburse all recovery costs that occur, including fees of ministerial officers.
17/ Retention of title
IRISATIONS retains ownership of the goods that are sold until full payment. As such, if the CLIENT is subject to reorganization or liquidation, IRISATIONS reserves the right to claim , as part of the bankruptcy proceedings , the goods that are sold and remained unpaid.
18/ Force majeure
IRISATIONS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. Is considered as « force majeure » any external event that cannot be predicted and is irresistible as described in the article 1148 of the French Civil Code.
IRISATIONS shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from shortage or unavailability of raw materials from a natural source of supply. If the delay persists for such time as IRISATIONS considers unreasonable, it may, without liability on its part, terminate the contract.
19/ Intellectual property rights
The quotations, case studies, specifications, training contents, catalogs and documents of all sorts handed or sent out by IRISATIONS remain its whole property. They must be returned upon request of IRISATIONS. They cannot be communicated, shared, reproduced or executed by a third party without permission.
The CLIENT agrees to keep confidential and not to disclose in whole or in part, to any third party whatsoever, quotes , proposals, documents and information released by IRISATIONS that he is aware of, prior, concomitantly or after the execution of the contract. The performance, whether good or service, remains the intellectual property of IRISATIONS and can not be reproduced by the CLIENT or by a third party.
20/ Governing law and jurisdiction
Any dispute relating to the interpretation and enforcement of the herein terms and conditions shall be governed by french law. Any dispute that arises under or relates to these terms and conditions shall be resolved in the Tribunal de Commerce de Versailles, France.