Clause No. 1: Purpose
The terms and conditions of sale described below detail the rights and obligations of SHOWHEEL and its client in connection with the sale of the SHOWHEEL brand spoke covers.
Any performance performed by SHOWHEEL therefore implies the buyer’s full adherence to these terms and conditions of sale.
Clause No. 2: Price
The prices of the goods sold are those in force on the day of the order taking place. They are denominated in euros and calculated without taxes. As a result, they will be increased by the VAT rate and transport costs applicable on the day of the order.
SHOWHEEL grants its rights to change its rates at any time. However, it undertakes to charge the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and Rebates
The proposed rates include discounts and rebates that SHOWHEEL would be required to grant in light of its results or the purchaser’s assumption of certain services.
Clause 4: Discount
No discount will be granted in case of prepayment.
Clause 5: Terms of payment
Order payments are made:
- either by cheque;
- or by credit card,
- or PayPal,
- or by bank transfer;
Clause No. 6: Late payment
In the event of a total default on goods delivered on the day of receipt, the buyer must pay SHOWHEEL a late penalty equal to three times the statutory interest rate.
The rate of statutory interest withheld is the rate in effect on the day of delivery of the goods.
This penalty is calculated on the TTC amount of the remaining amount owed, and runs from the due date of the prize without any prior notice.
In addition to late payments, any amount not paid on its due date will directly result in the payment of a lump sum payment of 40 euros due for collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the commercial code.
Clause 7: Resolutive clause
If within a fortnight of the implementation of the “Delay payment” clause, the buyer has not paid the remaining sums owed, the sale will be resolved as of right and may be entitled to the allocation of damages for the benefit of the company SH Mr. OWHEEL.
Clause 8: Retention of title clause
SHOWHEEL retains ownership of the goods sold until the full payment of the price, principal and accessories.
As such, if the purchaser is the subject of a remedy or a judicial liquidation, SHOWHEEL reserves the right to claim, in the collective proceedings, the goods sold and remained unpaid.
Clause 9: Delivery
Delivery is made:
- either by handing the goods directly to the buyer;
- either by sending a notice of availability in-store to the buyer;
- or at the place indicated by the buyer on the purchase order.
The delivery time indicated when the order is registered is given only as an indication and is not guaranteed in any way.
As a result, any reasonable delay in the delivery of the products will not result in the buyer’s benefit from:
- the allocation of damages;
- cancellation of the order.
The risk of transport is borne in full by the buyer.
In case of missing or deteriorated goods during transport, the buyer will have to formulate all necessary reservations on the purchase order for the goods.
These reserves shall, in addition, be confirmed in writing within five days after delivery by registered mail AR.
Clause No. 10: Force majeure
SHOWHEEL’s liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these terms and conditions of sale arises from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible within the meaning of Article 1148 of the Civil Code.
Clause No. 11: Competent court
Any dispute relating to the interpretation and performance of these terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Le Havre (76600).