General Terms of Sale
Applicable as 1st of August 2023
1. Implementation of the general terms of sale - Enforceability
These general terms of sale (GTS) constitute the basis of the commercial negotiations and are systematically sent or submitted to each buyer for the purposes of placing an order.
The GTS may be supplemented by the clauses of any general terms of purchase established by the buyer in connection with the principles of the relationship, with the exception of the price scale, the terms of settlement, especially late payment penalties, reductions and discounts and the special terms of sale, provided that the seller has given its prior and express consent.
If the seller fails to invoke any of these general terms of sale at any given moment in time, this may not be construed as a waiver of the right to subsequently invoke any of these clauses.
2. Orders
Depending on the geographic zone in which the client has its address, the order is only registered and validated if it displays a minimum purchase value established as follows:
- € 500 for zone A which consists of Mainland France and Monaco,
- € 500 for zone B which consists of Italy, Spain (excluding islands), Belgium, Luxembourg, Corsica, Andorra, Germany, Austria and the Netherlands.
- € 800 for zone C which consists of Portugal, Switzerland, United Kingdom, Liechtenstein.
- € 1.000 for zone D which covers the rest of the world.
Every order not reaching the above minimum amounts will be charged of 15% handling fees (excluding VAT).
An order shall not be valid unless it specifies the following: the quantity, the type, the references of the goods sold, the agreed price, the payment terms and the place and date of delivery or collection.
Orders are not deemed to be final, even if they are taken by representatives or employees of the seller, unless they have been confirmed in writing, by e-mail, by the sales department, subject to available stock, and after an advance amount has been paid in accordance with clause 9.1.
Unless otherwise agreed, the confirmation of the order entails the acceptance by the buyer of the seller's terms of sale, an acknowledgement that they have been carefully read and understood and a waiver of the right to invoke its own terms of purchase.
In the event of a shortage, the supplier shall process orders in the order in which they are received and subject to availability. Therefore, delivered quantities may not exceed the available quantities of the seller.
The buyer personally benefits from the order and this benefit may not be transferred without the consent of the seller.
The remainder of the order may only be dispatched if it has a minimum purchase value of € 300. An amount of € 60 shall be charged for shipment unless the initial order was carriage free. Remainders of orders shall be kept for a period of 6 months. After this period, they shall be eliminated.
Regarding made-to-measure furniture, the period of validity of the quotation, due to variations in the prices of raw materials, will be 15 days following the date of quotation issue. The quotation as well as the documents, which are annexed to it, are and remain in all circumstances the full and entire property of ANTIC LINE CREATIONS. They cannot be used or communicated, and any distribution or reproduction of models, decorations and shapes/sketches is strictly forbidden.
3. Changing the order
Any change to or termination of the order requested by the buyer may not be taken into consideration unless it is formalised in writing and received by the seller prior to the shipment of the goods.
If the seller does not accept the change or termination, the advance amounts shall not be returned and shall be exclusively retained by the buyer.
After the order has been confirmed, the seller reserves the right to make any changes that it deems necessary to the goods at any time and to change the models displayed in its leaflets or catalogues without notice.
4. Price
The goods are supplied at the prices applicable at the time when the order is placed. They are expressed in Euros and, with regard to any liable transactions, are subject to the VAT applicable to the order. Any change in the corresponding rate may be applied to the price of the goods or the services.
The price applicable on the delivery date shall be valid.
Unless otherwise agreed, prices are deemed to be net, exclusive of transport, exclusive of taxes and based on the rates conveyed to the buyer.
The buyer may not invoke a price arising from an obvious error displayed in the paper or online catalogue. An obvious error is deemed to be a derisory price as regards the actual value of the goods.
Any tax, duty, levy or other contribution to be paid pursuant to the regulations of France or any other importing country or a country of transit are met by the buyer.
According to the order amount and the zone in which the client has its address no transport fees will be applied as follows:
- For zone A, from an order amount of € 1.500,
- For zone B, from an order amount of € 2.000,
- For zone C, from an order amount of € 2.500,
For lower amounts delivery charges will be € 80 for zone A, € 145 for zone B, 18% of the order amount for zone C and on demand for zone D.
With regard to Switzerland and to the United Kingdom, customs charges are not included in the free carriage.
For oversized furniture additional transport costs could be applied.
Charges for cash on delivery for zone A (Mainland France, Monaco) and Corsica are also payable at a fixed amount of € 12 (excl. tax).
5. Delivery
5.1. Terms
The goods are delivered in accordance with the order, either directly to the buyer, by a simple ex-works delivery notice or by discharge to a shipment or transport company at the seller's warehouses.
5.2. Deadlines
Deliveries only take place according to availability and in the order in which orders are received. The seller is authorised to make full or partial deliveries.
Delivery deadlines are indicated as precisely as possible but are subject to the seller's procurement and transport capabilities.
Any failure to meet a delivery deadline may not give rise to any compensation, withholding or cancellation of ongoing orders.
5.3. Risks
The buyer bears all risks, even for a sale with carriage free, as soon as the goods are shipped from the seller's warehouses.
The goods are consequently transported at the risks of the buyer who, in the event of damaged or missing items, is responsible for noting all necessary observations and confirming its anomalies by extra-judicial document or by registered letter with acknowledgement of receipt addressed to the transport company within three days of receiving the goods.
6. Receipt
Without prejudice to the measures to be taken vis-à-vis the transport company, in which case all usual anomalies shall be characterised and clearly specified on the delivery slip, claims relating to visible defects or the non-conformity of the delivered goods in relation to the ordered goods or the dispatch slip, shall be put in writing within three days of receipt of the goods.
The buyer shall be responsible for providing any supporting documents regarding the reality of the flaws or faults observed. It shall facilitate any action that the seller chooses to take in order to acknowledge and rectify these flaws. It shall not personally perform or arrange for a third party to perform any work in this regard.
As regards the nature of the goods, craft furniture which deliberately contains imperfections to guarantee an aged aspect, any non-conformity claimed by the buyer shall precisely describe the disputed quality-related issue.
7. Returns
7.1. Terms
Any product return must be formally agreed-upon by the seller and the buyer. Any returned product without this agreement shall be set aside for the buyer and shall not give rise to a credit note. The cost and risks associated with the return are borne by the buyer at all times.
No return shall be accepted after a period of 48 hours following the delivery date.
Any returned goods are accompanied by a return slip to be affixed to the package and must be in the state in which they were delivered by the supplier.
7.2. Consequences
Any repossession accepted by the seller shall result in a credit note being produced in favour of the buyer, after the returned goods have been checked in terms of quality and quantity; any returns not in keeping with the procedure above shall be penalised by the loss of the advance payments made by the buyer.
8. Invoicing
An invoice is produced for each delivery and issued at the time of delivery.
9. Payment
9.1. Terms
Unless otherwise agreed, settlements shall take place subject to the following conditions:
- For any orders concerning furniture and decoration items intended for France:
- payment by bank transfer prior to the shipment of the goods in the event of a first order;
- from the second order onwards, it is possible to settle any amount at 30 days if the client benefits from a credit insurance agreement. In the absence of any such agreement, the payment by bank transfer must take place prior to the shipment of the goods.
- For any orders concerning furniture and decoration items intended for another country:
- with respect to the first order, payment by bank transfer of an advance amount of 30% of the order prior to preparation, followed by the payment of the balance by bank transfer prior to the shipment of the goods;
- from the second order onwards, it is possible to settle any amount at 30 days if the client benefits from a credit insurance agreement. In the absence of any such agreement, the payment by bank transfer must take place prior to the shipment of the goods.
Irrespective of the destination of the goods, with respect to any orders relating to furniture, the payment of an advance amount of 30% is required if a special finish or paint work is requested.
About made-to-measure furniture, it will be needed 30% deposit so that production can start. Production time takes 10 weeks after deposit receipt. (Transport time must be added to that). Balance must be paid before goods are shipped.
9.2. Delay or default
In the event of a late payment, the seller may suspend all ongoing orders, without prejudice to any other action remedy.
Any outstanding sum on the due date featured on the invoice results, by operation of law, in the application of penalties of an amount equal to three times the legal interest rate on the day following the settlement date indicated on said invoice.
Unless otherwise agreed, the amount of this late-payment interest shall be allocated, by operation of law, to any discounts, reductions or rebates owed by the seller.
Moreover, a flat-rate charge for recovery fees, totalling an amount of € 40, shall be payable.
These penalties and charges shall be payable at the simple request of the seller. In the event that the recovery fees incurred exceed this flat-rate amount, the seller reserves the right to seek additional compensation upon presentation of supporting documents.
In the event of a payment default forty-eight hours after a formal notice has gone unheeded, the seller may choose to terminate the sale, by operation of law; moreover, the Seller may, by emergency proceedings, demand the return of the goods, without prejudice to any further damages. The termination shall affect not only the relevant order, but also all previous orders which have not been paid, whether or not they have been delivered or are in the process of being delivered and whether or not their payment is due. In the event of a payment by a bill of exchange, the failure to return the bill shall be regarded as a refusal of acceptance equatable to a payment default. Likewise, when the payment is staggered, any non-payment on a single due date shall mean that the entirety of the debt becomes immediately payable, without notice.
In all the aforementioned cases, any sums owed for other deliveries, or for any other cause, shall become immediately payable if the seller does not opt to terminate the relevant orders.
Under no circumstances may payments be suspended or offset without the prior written consent of the seller. Any partial payment shall firstly be allocated to the non-privileged part of the amount receivable and then to the sums whose due date is the oldest.
The seller does not intend to grant any discount for a cash payment or a payment on a date prior to the one featured in the general terms of sale.
9.3. Invocation of guarantees or settlement
Any deterioration in the buyer's credit may justify the invocation of guarantees or a settlement in cash prior to the execution of any received orders.
This shall particularly be the case if a change, assignment, rental, pledge or contribution of its business capital has an unfavourable effect on the buyer's credit.
10. Retention of ownership
The ownership of the goods to which the invoice relates is exclusively retained by the seller until such time as the price is paid in full. In the event of a payment default in relation to any sums owed according to the deadline established on the order, the seller shall be entitled to recover the goods without any prior legal formalities.
11. Jurisdiction - Disputes
In the event of a dispute with regard to the interpretation or execution of their agreements, prior to any proceedings for liability, the parties shall attempt to reach an amicable agreement and shall make available all necessary information to this end.
In the absence of an amicable settlement to a dispute within a period of three months, the courts of Perpignan shall have jurisdiction to rule on all manner of disputes or disagreements pertaining to the formation or execution of the order, unless the seller prefers to refer the matter to another competent court.
This clause applies even in the event of interim measures, interlocutory applications or any cases where there are several defendants or introductions of third parties, and irrespective or the method and terms of payment, without the possibility of any jurisdiction clauses which may be featured on the documents of the buyers preventing the application of this clause.