Promotion and premiums – Licensed toys – Capsule vending supplies

Terms of use

1) IDENTIFICATION OF SELLER :

EUROGIFT SARL with asset of 242 000 €

120 rue de Thor
Bâtiment Blue d'Oc
34000 MONTPELLIER
FRANCE

RCS Montpellier 420 850 679

Tel: + 33 (0)4 67 108 186
Fax : +33 (0)488 049 814

E-mail: info@eurogift.fr
Web: www.eurogift.fr

2) GENERALITIES :

By the mere fact of ordering, the buyer agrees to subscribe to the current general sales terms (GST) belonging to EUROGIFT which prevails over all purchase conditions and, consequently, takes the responsibility to respect them without any conditions. No particular condition can prevail against these GST provided formal and written agreement from EUROGIFT. Any opposite condition raised by the customer will then be non-invocable to EUROGIFT failing express agreement whichever the moment it could be brought to its knowledge. Any opposite term written in the purchaser’s order and not previously accepted in writing by EUROGIFT would be cancelled straight away. The cataloges, the propositions from the website, the ad files and the prices published by EUROGIFT do not constitute a ferm offer; they can be modified at any time without any previous notice as well as what concerns the material range or distribute items but also the prices, the quantities and the characteristic of the models which sale could also be stopped. In such cases, we will not be able to provide the deleted items nor former specifications.

3) ACCOUNT OPENING :

By express agreement, oppening an account implies the agreement of our sales conditions. Any account application must be attached to professional references and a sample of a document giving bank details as well as an official order form.

4) VALIDITY PERIOD OF THE OFFERS :

The goods are offered for sale until the stock is empty. In case of a purchase of an unavailable item , the customer will be informed of the unavailability as soon as possible, by e-mail or mail.

5) PRESENTATION OF GOODS AND INTELLECTUAL PROPERTY :

The characteristics of the goods offered for sale will be presented on the company's website or sent by Eurogift by email or mail. The photographs, texts, graphics, information and characteristics illustrating the good are not contractual, and thus do not engage the responsibility of the seller. The responsibility of Eurogift company cannot be commited if errors or omissions are introduced. All texts, comments, works, illustrations and pictures presented on the site of the Eurogift company are internationaly under copyright and intellectual property; reproduction, even partial, is strictly prohibited. Any mention or use of the products, trademarks, trade names, acronyms or logos belonging to the Eurogift company or by companies it represents, in whatever medium, and whatever the use and destination, will be subject to prior written consent of the Eurogift company.

6) PRICES :

The prices applied for each sale are determined by the current rates on the date of delivery and are tax free from TRAPPES warehouse (Yvelines) or other city called EXW (Incoterms 2000) and are in Euros. The tax rate applied is according to the date of delivery. Any tax, any duty, any right or other benefit payable under French regulations, or those of an importing or a transit country will be paid by the purchasing customer unless a written agreement of the Eurogift company has been made.
The Eurogift company reserves the right to modify or withdraw the totality or a part of the proposal at any time without notice or deadline until delivery, provided that a rate change from Eurogift will involve modification of the proposal.

7) ORDERS :

The company Eurogift is only linked by the commitments set out expressly in its offer and taken by its representatives or employees subject to a written and signed confirmation. Any order placed by the customer is irrevocable. Any amendment or order resolution requested by the customer can not be taken into consideration if it is received in writing before the item shipment. Any goods is subject to prior authorisation of the company. All orders followed by a deposit or a partial settlement must be settled in full by the deadline set by the company Eurogift. In case of non-payment or late payment of it, even in case of order cancellation, the debtor customer billing will suffer a penalty in the form of charges that will be applied on the basis of one and a half times the legal interest rate plus the storage of the goods.

8) SHIPPING DELIVERIES :

Deliveries are leaving our warehouse located in Trappes in standard packaging. The equipment or the items travel products exclusively at the risk of the recipient, who must safeguard its own rights towards the carrier whatever it is, making him nearly all reservations use at the time of receipt , in accordance with the law including the provisions of Articles 105 and following of the trade Code. In case of late delivery, the company Eurogift would not be responsible for the consequences due to delivery problems. Express parcels or those which are delivered by a messenger are shipped at the receiver’s expense, unless opposite clause.
Concerning the export, the prices are starting deposit from Trappes EXW (Incoterms 2000) excluding shipping costs; the file fees, customs, insurance being at the customer’s charge unless the disagreement of the company Eurogift. The acceptance of Eurogift of making a Franco delivery does not involve a removal responsibility. Eurogift reserves itself the right to make partial deliveries with corresponding invoice.

9) DELIVERY TIME :

Deliveries depends on the availability and the chronology of the order of commands. We reserve ourselves the right to carry out complete or partial deliveries. Delivery times are indicated as accurately as possible, but depends on our stock and our possibilities of supplying and shipping. In case of delivery delay, or for any other cause of absolute necessity the customer may cancel the order if he has warned the company Eurogift by letter with acknowledgment of receipt. On receipt of this notice, the Eurogift company has one month after receipt of the letter to execute the order. After this deadline, the customer may obtain his eventual return of deposit to the exclusion of any other compensation or damages.
In any case, delivery in due time can intervene only if the buyer is up-to-date with its obligations towards our company.

10) CANCELLATION AND RETURN :

The customer must check the goods on delivery, this control must include the quality, quantity and references of goods and their compliance to the order.
All complaints about the quality of goods, obvious or hidden defect, references or quantity errors , etc.. will be brought to our attention within a maximum of 7 days after receipt of shipments. No complaint will be taken into account after this period.

All sales are definite without the possibility of return or exchange of unsold, except error on our part, defect or special agreement, except prior authorization by our office. In the last case, the goods must be returned in perfect condition. Returns are made free of charge and with original packaging or equivalent to the customer's expense. We disclaim any liability for loss or damage of a package in return. In case of allowed return but due to customer error, we will refund the goods up to a maximum 85% of the agreed price to the customer (this for the costs of handling and control). The Eurogift company could not be held responsible for the non-fulfilment of the order placed during stock outage or if the goods ordered are not available, and without payment of compensation whatsoever, in cases of absolute necessity resulting from the facts listed below without this list being exhaustive: disturbance or strike among its members or its suppliers or means of transport and / or communications, civil war in France or abroad, terrorist acts, total or partial destruction for whatever reason of the premises or facilities, manufacturing defects, government decision about tax, or customs or unable to be supplied, or in general, any fortuitous event of natural or human origin preventing or reducing the possibilities for implementation of services or contractual obligations of the Eurogift company.

11) REGULATIONS :

The first order is necessarily settled in cash. Unless otherwise stated, our bills are payable on delivery, net and without discount in Castelnau le Lez . The drafts are no exception to this clause, promissory notes and other means must be returned duly signed or accepted within eight days after delivery of the goods. Under no circumstances the payments due to us can not be suspended or be subject to any compensation without written permission from us. The terms of payment cannot be delayed under any pretext, even contentious and even in case of partial delivery which generated a partial billing. For any installment or partial payment followed by a lack of balance payment on contracted time or in the case of an order cancellation, the customer will be charged with a penalty in the form of interests to be applied on the basis of one and half of the legal interest rate plus the cost of marchandise’s storage. The disregard of any of the terms of payment, including not remitting the effects such as non-payment in due time, will necessarily generate, without notice or other formality, to pay a penalty within 8 days, and from the invoice date of interest on arrears, without prejudice to the application of the clause for the return of goods listed below (Under Article 3 of Law No. 92-1442 of 31 December 1992 for non-compliance with the terms of settlement mentioned above, a penalty in the form of bank charges will be applied on the basis of one and half times the rate of legal interest). (This penalty is calculated pro rata on the amount outstanding).

12) LACK OF PAYMENT :

The drawee agrees to pay an extra charge if the installments are postponed. The Eurogift company reserves the right to suspend any further deliveries until payment of amounts is due.

13) RESERVE OWNERSHIP :

Our goods that are paid and shipped stay our property as long as they have not been paid in full and in accordance with Law No. 80,335 of 12 May 1980, supplementing Article 65 of Law 67,563 of 13 July 1967. From the moment that the order has been shipped out, if any loss or destruction occurs, the customer will be responsible even if if the articles are not yet their property.
The customer will then have to pay for the various charges of insurance. In case of non-payment of any installments by the buyer, Eurogift company, without losing any of its rights, may require by registered letter the restitution of the goods at the expense of the buyer until the execution of all of its commitments.

14) WARRANTY :

Our goods are not guaranteed but in the contrary the warranty stipulated on the bill will be exercised only as their use conforms with good engineering and standards. This warranty is expressly excluded in case of misuse, abuse or neglect of the customer, faulty wiring, poor ventilation, non-respect of the customer with the installation instructions, maintenance or operation, wear, modification or alteration products, use of supplies not approved, contribution on products by a third person not approved by the Eurogift company or showing signs of shock, immersion, use, conservation or non-conforming to its destination.

15) RESPONSABILITY :

The company Eurogift assumes no responsibility for any direct or indirect damages, such as damage to property, bodily claim, third shortfall. In case of imposing a sentence, for any reason whatsoever, the amounts charged to the company Eurogift not be greater than the value of the goods delivered.

16) COMPLAINTS :

Orders are subject to French law. Contractual information is presented in French and the goods that are proposed correspond with the french regulations. If necessary, it belongs to the foreign customer to check with local authorities opportunities to use the assets it intends to order . The responsibility of the company Eurogift does not engage itself for failure to comply with the regulations of a foreign country where the goods are delivered.
In case of dispute, the Trade Tribunal, which is headquartered Eurogift society, is the only competent, even if in warranty or multiple defendants, drafts or other accepted payments or operating novation or derogation from this clause.
This jurisdiction clause will be applied even if various clauses contained on the documents of the buyer.

These current general sales terms in English constitute a translation.  In case of disagreement or interpretation problems, the French version will prevail over.