GENERAL CONDITIONS OF SALE

PREAMBLE

COMPOSITES EXPERT offers digital and face-to-face training, as well as auditing, consulting and expertise for companies, local authorities, individuals and training centres. The present General Terms and Conditions of Sale govern the sale of services concluded with COMPOSITES EXPERT. They apply to all contracts. Clients acknowledge having read and accept the General Terms and Conditions of Sale. The present General Terms and Conditions of Sale are applicable as of March 1st, 2020. 


DEFINITIONS

  • By "Client", we mean the natural or legal person who has ordered a service from COMPOSITES EXPERT.
  • By "order", we mean the services noted in the commercial proposal (estimate) accepted by the customer and validated by his signature.
  • By "production", one designates the object of the order, carried out by COMPOSITES EXPERT, at the request of the Customer and on the basis of the technical elements communicated by the latter.

1. General information

Our deliveries are exclusively subject to these terms and conditions of sale, delivery and payment. We hereby expressly reject any terms and conditions of our Buyers that deviate from these terms and conditions. Any deviations or additional clauses inserted by the Buyer shall only be valid if they are confirmed by us in writing. The following terms and conditions apply to future purchases in the context of current business relations, even if they have not been expressly agreed upon.

2. Offer, conclusion of contract, written form

2.1 All contractual provisions must be in writing. Any oral agreements made prior to or at the conclusion of the contract shall not form part of the contract.
2.2 Our offers are binding for one month after dispatch, also with regard to price. Apparent errors are excluded.
2.3 The contract will only be validly formed, when the Buyer has placed an order, when we have given written confirmation of the order - a signed copy must be sent to us by return of post - and when payment of any deposit has been made.
2.4 All orders are deemed firm and final upon receipt by COMPOSITES EXPERT of the quotation dated and signed with the mention "Good for Agreement" or "Good for Order". COMPOSITES EXPERT will be in a position to begin its services as soon as the agreed down payment has been made.
2.5 Any modification by the Client during production may be subject to additional invoicing.
2.6 If the Client makes original documents available, COMPOSITES EXPERT cannot be held responsible for any loss, damage or deletion of these documents, for this reason COMPOSITES EXPERT will only work on copies of original documents.
2.7 Validation of the service: a first version will be proposed to the Client, within the agreed time limits. Any modification to the specifications must be notified in writing to COMPOSITES EXPERT. It is understood that a maximum of 2 returns per project will be accepted.
The Client has 10 days to inform COMPOSITES EXPERT COMPOSITES of his desire for modifications. 
After this period and without any return from the Client, the project will be considered as validated and invoiced according to the conditions set out in the order.

3. Prices

3.1 Deliveries for which no firm price has been expressly agreed shall be calculated at the price of the tariff applicable on the day of delivery.
3.2 Our prices shall be in Euros, ex works, exclusive of VAT at the statutory rate applicable at the time the invoice is issued.

4. Terms of payment

4.1 Our invoices are payable net without any discount within 15 days. Any discount that may be granted shall only be taken into account when paying the balance of the invoice.
4.2 In the event of deferred or delayed payment, we shall be entitled to charge interest of 2% per annum above the discount rate charged by our bank. We also reserve the right to assert any higher damages.
4.3 We are not obliged to accept bills of exchange. Such acceptance shall only take place for the purpose of payment. Discount and exchange charges shall be borne by the Customer and shall be due immediately.
4.4 If the Customer's assets deteriorate significantly or if the Customer is in default of payment, we shall be entitled to demand immediate payment of all outstanding invoices, to stop work on current orders and to make the execution of further or as yet unprocessed orders subject to the payment of advances or securities.
4.5 The purchaser may only set off claims or withhold payments for undisputed and legally established claims. However, the claim must relate to the same contract.
4.6 The fixed price shall be detailed in a quotation given to the Customer. This estimate shall become a Purchase Order as soon as the Customer has returned the latter completed with the date, the signature and the mention "Good for agreement".
4.7 Payment may be made by cheque or bank transfer.
4.8 Payment for services shall be made, unless otherwise specified, in the following manner: 50% at the time of order, the balance to be paid 3 weeks maximum after final delivery.
4.9 In the event of late payment and in accordance with article L 441-6 of the Commercial Code, an indemnity calculated on the basis of three times the legal interest rate in force as well as a fixed indemnity for collection costs of 50 euros.

5. Delivery - Delivery times

5.1 Information on delivery times is in principle only approximate. In the event of unforeseeable or extraordinary circumstances for which we are not responsible, such as disruptions in the company, strikes, lockouts, interventions by government or administrative authorities, difficulties in the supply of energy, etc. (even if they occur at upstream suppliers), the delivery period shall be extended accordingly. If the delivery or service becomes impossible or impracticable due to the aforementioned circumstances, we shall be released from our delivery obligation.
5.2 The execution of deliveries presupposes the timely receipt of all necessary approvals and releases as well as the timely receipt of all documents to be provided by the Buyer. If these conditions are not met for reasons beyond our control, delivery periods and dates shall be extended accordingly.
5.3 If the delivery period is extended or if we are released from the obligation to deliver, the Customer may not, however, derive any claim for damages from such a situation.
5.5 Unless otherwise agreed, partial deliveries are permissible.
5.7 Method of delivery: Delivery of the final version will be made in the format(s) desired and agreed upon in the Order (internet, post or hand-delivery). The Customer shall carry out, at the time of delivery of the final production, any necessary verification enabling him to ensure that the product or service delivered complies with his request. He must, if necessary, make the necessary reservations to COMPOSITES EXPERT, by registered letter with acknowledgement of receipt sent within 14 days following the delivery of the order.
5.8 Delivery time: COMPOSITES EXPERT undertakes to deliver the production within the contractual deadline set. This will be automatically extended as soon as an external COMPOSITES EXPERT element intervenes (modification of the initial order by the Client, non-receipt or late dispatch of the elements necessary for the execution of the work, cases of force majeure, fire, bad weather).

6. Retention of title

6.1 The delivered goods shall remain our property until all claims arising from the contractual relationship with the customer have been paid in full . The Customer undertakes not to release the items prior to final delivery.
6.2 COMPOSITES EXPERT remains the exclusive owner of the original work files and may use them for new productions, except in the event of disagreement by the Customer mentioned in writing. The Customer may request their return by written request. 
6.3 Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of COMPOSITES EXPERT.
6.4 No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of the goods belonging to COMPOSITES EXPERT, for any reason whatsoever, is strictly forbidden and punishable by law.

7. Place of performance of the contract - Jurisdiction - Applicable law

7.1 For any obligation or dispute arising from the contractual relationship, the place of performance and the competent jurisdiction shall be the Commercial Court of Auxerre.
7.2 The assessment of all legal relations with the Customer shall be subject to the law in force in France. The application of international law relating to purchases is excluded.
7.3 The possible invalidity of one of the present provisions shall not affect the validity of the Contract or the other provisions of these Terms and Conditions of Sale. 
7.4 Any complaint from the Customer concerning the service must be sent to COMPOSITES EXPERT by registered letter with acknowledgement of receipt within 8 days following delivery. The present contract is subject to French law. Any dispute likely to arise between COMPOSITES EXPERT and the Customer will fall under the exclusive competence of the Commercial Court of Auxerre.

8. Cancellation

8.1 COMPOSITES EXPERT undertakes, in the event of cancellation on its part, to reimburse the entire deposit paid by the Customer.
8.2 In the event of cancellation by the Client, between the day the contract is signed and the start of production, the deposit paid will be retained. In case of force majeure, the reimbursement will be subject to the assessment of COMPOSITES EXPERT. 
If the production has started, the totality of the sum will remain due, except in the case of a specific agreement with COMPOSITES EXPERT.

9. Disputes

In the event of any dispute relating to the performance or interpretation of this contract, the parties agree to seek an amicable resolution in advance. Failing agreement, the client is informed that they may, free of charge, refer the matter to a consumer mediator. The mediator’s contact details shall be provided by the training organisation upon simple request. Should mediation fail, any dispute shall be brought before the competent courts within the jurisdiction of Givry.

10. Protection of personal data

The customer authorizes COMPOSITES EXPERT to keep his personal data and to outsource them for the implementation of the new legislation in force.
COMPOSITES EXPERT undertakes not to disclose this information.

11. Retention periods

COMPOSITES EXPERT undertakes not to keep any file or document of any nature whatsoever, the said document will be given to the client at the end of the work.