K5600 LIGHTING TERMS AND CONDITIONS OF SALES
These Terms and Conditions of Sale has been established by K5600 LIGHTING, sarl, with a capital of € 100,800, registered at the RCS of Versailles under the SIREN number 388527996, APE code : 4649Z, VAT number : FR 87 688 527 996, whose headquarters are located at 475, rue de Flins, 78410 Bouafle and hereinafter referred to as "THE SUPPLIER."
The intend of there Terms and Conditions of Sale is to define the contractual relations between the SUPPLIER and any physical or legal person wishing to make a purchase, hereafter referred to as ’THE CUSTOMER’.
The SUPPLIER publishes and administrates the electronic website which address is www.k5600.eu (hereinafter ’K5600 LIGHTING’) where its sales articles are showcased.
Theses Terms and Conditions of Sale are accessible permanently through the website www.k5600.eu, in digital formats allowing their impression and download so that THE CUSTOMER can proceed to their copy or backup.
ART. 1 Fields of application and modification of these Terms and Conditions of Sale
These Terms and Conditions of Sale apply without restriction nor reserves to all the products offered for sale by the SUPPLIER. Sales are exclusively subject to the present Terms and Conditions of Sale, which prevail over all other conditions, including those from the CUSTOMER which could not exclude, in any case, those of the SUPPLIER. The CUSTOMER acknowledges to have read the present Terms and Conditions of Sale and accepts them without reservation.
ART. 2 Order validation
Orders placed by the CUSTOMER are tapped only after acceptance by the SUPPLIER. Orders placed by the CUSTOMER are final once they have been issued. Any order modification or cancellation must be notified in writing by the CUSTOMER prior to the shipment of the goods.
The SUPPLIER reserves the right to cancel any order from a CUSTOMER with whom he would have a dispute related to the payment of a previous order.
ART. 3 Price & Minimum Order
Goods are invoiced at the rate in effect on the day of shipment, regardless of the reception date of the goods. The SUPPLIER reserves the right to change its prices at any time, but agrees to apply tariffs indicated at the time of the quote, subject to availability at that time.
The price indicated on the quote by the SUPPLIER is the final price. Payment will be considered as definitive only after effective reception of funds by the SUPPLIER.
For orders of less than € 30, the difference between the value of the order and the minimum order amount will be charged to the CUSTOMER.
ART. 4 VAT and Taxes
Sale prices are expressed exclusive of tax, and are guaranteed but subject to modification of French VAT rates. Any change in those rates could then be reflected immediately on the sale prices.
Processing, packaging, shipping and transportation costs are the responsibility of the CUSTOMER and are charged in supplement of the price of goods according the amount of the order. The amount of these costs will be indicated in the quote established by the SUPPLIER prior to the sale and validated by the CUSTOMER.
ART. 5 Regulations
All ordered goods must be paid in cash without any discount.
For business customers with an account at K5600 Lighting, the settlement period cannot be more than thirty (30) days unless a specific settlement agreement signed by the SUPPLIER.
ART. 6 Discount
No discount will be granted for early settlement.
ART. 7 Penalties for late payment
Failure to pay all or a fraction of a settlement, the claim becomes immediately payable after registered mail with advice of receipt. If within a period of ten (10) days following the notification, the claim is not settled, the SUPPLIER will be forced to send the case to its litigation office for recovery of the due sums. This procedure will result in charges to the CUSTOMER - at a fixed fee of €40 plus delay penalties, at a minimum of three (3) times the legal rates of interest in force. These penalties and fee are due upon reception of the invoice according to the provisions of law 92-1442 of 31/12/1992 and articles 441-6, I Paragraph 12 and D. 441-5 of the French Commercial Code. These penalties are calculated on the amount (including taxes) of the sums remaining due, and are calculated from the expiration date of the price without the need for any formal prior notice.
As of January 1st, 2015, the legal interest rate will be revised every six (6) months (Ordinance n° 2014-947 of 20/08/2014).
ART. 8 Order shipment and Deadlines
The total time of delivery (which includes processing the quote, tracking, shipment, expedition of the order and its delivery by carriers) is given for information only and cannot be guaranteed.
The average transit time is 48 hours for mainland France. For the European Union, French overseas departments and territories and abroad, please contact the SUPPLIER.
The SUPPLIER undertakes to make every effort to deliver the goods ordered by the CUSTOMER in the above specific deadlines.
The delivery is considered completed upon delivery of the goods ordered by the SUPPLIER to the carrier.
The CUSTOMER is required to check the condition of the delivered goods. The CUSTOMER has a period of three (3) days from delivery to formulate, in writing (mail, e-mail or fax), a claim to the SUPPLIER for non-compliance or apparent defect of the delivered goods. After this period, the goods will be deemed in compliance and free from any apparent defect.
ART. 9 Warranty. Terms & Exclusions
According to articles 1641 and following of the French Civil Code, the SUPPLIER guarantees the CUSTOMER for a period of ninety (90) days from the date of purchase that its goods are free from defects of material and workmanship in normal and appropriate conditions of use. Any extended warranty will be indicated on the sale documents of the goods.
In all cases, the SUPPLIER obligation in regard to its warranty is limited to the replacement or repair - at the SUPPLIER discretion - of the goods or parts presenting, according to him, a material or a manufacturing defect. This parts and labor warranty is subject to the Terms set out below as well as to the Terms and Conditions of Sale of the goods.
All claims under the warranty must be made in writing and must include the purchase date and invoice.
The CUSTOMER, as the original purchaser, is the sole beneficiary of this warranty. This warranty cannot therefore be transferred, except prior written authorization of the SUPPLIER. In accordance with these Terms, the SUPPLIER will repair or replace free of charge all defective product or part provided that the defective product/part is returned, carriage paid, to the SUPPLIER or to one of its authorized agents. If a defective article cannot be repaired and must be replaced, the replacement will be made with a current model of the same quality and with equivalent functions.
This warranty does not cover damage, defects and costs related to : modifications, alterations, repairs or maintenance of the product made by someone different from the SUPPLIER or one of its authorized agents ; misuse, overload, electrical surge, incorrect or use contrary to the instructions provided by the SUPPLIER ; any use of the product other than that for which it was designed ; or shipment of the product to the SUPPLIER for maintenance purposes. These provisions cannot deprive the CLIENT of the legal warranty described in article L211-1 of the French Consumer Code.
Lamps are NOT guaranteed.
IN NO EVENT THE SUPPLIER WILL BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INJURY, MATERIAL DAMAGE, DAMAGE OR LOSS OF EQUIPMENT, LOSS OF PROFIT OR INCOME, RENTAL FEES FOR PROPERTY REPLACEMENT AND ANY OTHER ADDITIONAL EXPENSES, EVEN IF THE SUPPLIER HAS BEEN INFORMED OF THESE RISKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INDIRECT OR INCIDENTAL DAMAGES. AS A RESULT, THE LIMITATION/EXCLUSION ABOVE MAY NOT APPLY IN THIS CASE.
ALL EXPRESS WARRANTIES NOT PROVIDED HEREIN AND ANY REMEDIES, EXCEPT FOR THE WARRANTY STATED HEREBY, LIKELY TO OCCUR IMPLICITLY OR BY OPERATION OF LAW, ARE EXCLUDED AND REJECTED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND COMPATIBILITY FOR A PARTICULAR PURPOSE, SINCE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY IN THIS CASE.
THIS WARRANTY GIVES SPECIFIC RIGHTS. IF NECESSARY, THE CUSTOMER CAN ALSO BENEFIT FROM ADDITIONAL RIGHTS ACCORDING TO THE DIFFERENT JURISDICTIONS.
ART. 10 Risks
The responsibility of the risk of damage, loss or theft of the goods will be transferred to the CUSTOMER as soon as they are shipped. The CUSTOMER must therefore contract all the necessary insurances to cover these risks.
ART. 11 Reserves
In case of loss, damage or any other damage suffered by the articles, or in the case of delay, it belongs to the CUSTOMER or his receptionist to make regular and sufficient findings, to take the actions to preserve the consignee’s right of legal recourse and generally to perform all actions useful to conservation of the appeal and to confirm these reserves in accordance with the procedures and timescales laid down by law, otherwise no action may be brought against the SUPPLIER or its substitute.
ART. 12 Specifications
The SUPPLIER reserves the right to change the specifications, if necessary, to comply with regulations or legal requirements or if, in the reasonable opinion of the SUPPLIER, such changes have no major impact on the requirements that the CUSTOMER could have expressed. Errors or emissions are corrected.
ART. 13 Compliance
The CLIENT must provide all the required legal permissions and meet all legal requirements necessary to import and operate the goods in all countries other than the country of domicile of the SUPPLIER.
ART. 14 Execution of the services
In the event that all or part of the benefits envisaged herein would be prohibited under the laws or regulations, including the U.S. law, law of the European Union or (not exhaustively listed) national laws, including laws and regulations relating to the battle against terrorism and embargoes, or more generally the provisions regulating export, the SUPPLIER reserves the right at any time, without prior notice, and without incurring a liability towards the CUSTOMER to cancel partially or totally the benefit concerned. The SUPPLIER will then be relieved of its obligations, and the only recourse of the CUSTOMER will be the reimbursement of the sums paid to the SUPPLIER, corresponding to the goods, which could not be delivered.
ART. 15 Retention of title
In accordance with the provisions of the French law n° 80-335 of 12/05/1980, the goods sold remain the property of the SUPPLIER until full payment of their price. The SUPPLIER reserves the right to take back the goods in case the goods are not settled by the deadline.
In case of recovery or liquidation of the CUSTOMER, the SUPPLIER shall have the right to claim ownership of the sold goods in accordance with the provisions of the French law n° 85-98, articles 121 and 122 of 25/01/1985.
ART. 16 Bankruptcy
If the CUSTOMER is subject to a formal or informal procedure relative to insolvent individuals, firms or companies, the SUPPLIER can stop the transit of goods and suspend further deliveries. The SUPPLIER may terminate any engagement, without prejudice to any other right it may have.
ART. 17 Force majeure
The SUPPLIER disclaims all liability in case of inability to perform its obligations if this inability can not be controlled by the SUPPLIER or its own suppliers due to natural disaster, unavailability or shortage of materials or the energy required to produce and/or deliver the articles by means of usual transport, in case of fire, flood, war embargo, strike, work conflict, explosion, riot, regulation, restriction or order from any government authority, or for any other cause, except financial, that the SUPPLIER or its own suppliers cannot control.
As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article n° 1148 of the French Civil Code.
ART. 18 Waiver and Severability Clause
If, at any time, the SUPPLIER does not exercise one of its rights, is not a waiver of the exercise of the rights it may have under the benefit, and this does not affect the interpretation of future conventions. If a court or a competent authority considers that a provision (or part of a provision) of the present benefit is invalid, illegal or unenforceable, then that provision, or part of the provision, will be considered invalid, in the extent necessary, without affecting neither the validity nor the implementation of the other provisions of the benefit. If an invalid, non-enforceable or illegal provision contained herein may become valid, enforceable and legal by removing parts of this provision, then that provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
ART. 19 Cancellation - Disability
In case one of the provisions of the present Terms and Conditions of Sale would be declared null or deemed not written, all other provisions remain applicable.
ART. 20 Jurisdiction and Attribution of jurisdiction
In case of dispute and on the occasion of any dispute between the SUPPLIER and the CUSTOMER, only the courts of the jurisdiction of the Head Office of the SUPPLIER will be competent, even in case of plurality of defendants or appeal in guarantee.
All clauses in these Terms and Conditions of Sale and all operations of purchase and sale targeted are subjected to French law.
The original language of the present Terms and Conditions of Sale is French. The law applicable to any dispute, regardless of the cause or purpose, is the French law, both in terms of basic rules and for the rules governing their form.
ART. 21 Details of the company
The CLIENT can reach the SUPPLIER in writing at the following address :
K5600 LIGHTING - 475 Rue de Flins - 78410 BOUAFLE - FRANCE
Tel : +33 (0) 1 3090 5600 - Fax : +33 (0) 1 3095 3607 – info chez k5600.eu
Terms and Conditions of Sale of "K5600 LIGHTING", updated October, 18th, 2016.