Terms of Sales
Article 1 – Scope of the general terms of sales and production
These general conditions of sale constitute, in accordance with Article L 441-6 of the Commercial Code, the sole basis of commercial relationship between the parties, who are professionals.
These general conditions of sale does not govern the relationship between professional and consumer, the latter being defined by the first article of the Consumer Code as « any natural person who is acting for purposes which are outside the framework of its trade, business, craft or profession. «
Their purpose is to define the conditions under which the GOLDSTARK (SAS GOLDSTARK, whose registered office is located 20, rue Alexis Maneyrol 92370 Chaville, registered with the RCS of Nanterre under number 442 024 287 – Tel: 0610781992 (hereinafter « the Provider ») provides professional customers ( « customers or the Customer ») who so request, via the website of the provider, through direct contact or via a paper the following services (hereinafter « services « ):
– Advice and assistance in the implementation of the method GOLDSTARK
They apply, without limitation or qualification, to all services rendered by the Service Provider to customers in the same category, regardless of the terms which may appear on the client’s documents, including its terms of purchase.
These conditions of sale are systematically brought to the attention of each client when placing the order.
Therefore, the placing of an order implies the Client’s full and unreserved acceptance of these terms of sale. The information contained in catalogs, brochures and rates of the Provider are indicative and are subject to change at any time. The Provider is right to make any changes it deems appropriate.
According to regulations, the Provider reserves the right to waive certain provisions of these General Terms based on negotiations with the Client through the establishment of Special Conditions of Sales.
The Contractor may also be required to establish the General Conditions of Sale Categorial , exceptions to these Terms and Conditions, depending on the type of considered Clients, determined using objective criteria. In this case, the General Terms Categorial apply to all clients that meet these criteria .
These general conditions can be modified at any time without notice by the Provider , the changes are applicable to all subsequent orders this change.
Article 2 – Order taking , amendment and cancellation
Sales of services are not perfect after the establishment of an estimate and express acceptance in writing ( including email ) of the Order of the Customer by the Service Provider , evidenced by a receipt from the provider and acceptance quote.
The consideration of the order and the acceptance thereof are confirmed by sending an email .
The data stored in the computer system of the Service Provider constitutes proof of all transactions with the Customer.
In case of cancellation of the order by the customer after acceptance by the Provider within 15 (fifteen ) days before the scheduled date for the provision of services ordered for any reason except force majeure, the down payment with the order, as defined in section » Terms of payment Deadlines and procedures for regulation » of these Terms and Conditions shall automatically be granted to the Contractor and shall not give rise to any refund .
If no deposit has been paid to the order, a compensation equal to 10% of pre-tax amount of the order will be acquired Provider and invoiced to the Customer as damages in compensation for damage suffered .
Article 3 – Pricing
The Services are provided to the rates in force provider in the day of placing the order , according to the estimates previously made by the Contractor and accepted by the Client as specified in section « Controls » above. Rates are net and excluding taxes
Article 4 – Billing
An invoice is issued by the Contractor and provided to the Customer at each supply services . The conditions for determining the cost of services whose net price can not be known a priori nor indicated accurately , and the method for calculating the price to check it, will be communicated to the Client or will be a quote detailed , at the request of the Customer, in accordance with Article L 441-6 II of the Commercial Code .
Article 5 – Terms regulations
5.1 Payment terms
The price is payable in full on the day the Services ordered under the conditions defined in section « Services of providing information » below and as shown on the invoice sent to the Client.
Depending on the nature of Servies ordered by Customer , a deposit of 50% (fifty percent ) of the total price of the ordered services may be required when placing the order.
The balance of the price will be payable in cash on the day of the provision of such benefits under the conditions defined in the article » Methods of providing services » below .
If the Client and the Contractor shall agree on a payment term , the price will be payable in a single payment within a period (hereinafter the » Period ») thirty (30 ) calendar days from delivery ordered services as defined in these Terms and Conditions.
This period shall be stated on the invoice that will be provided to the Customer by the Service Provider .
The Provider will not be proceeding with the Services ordered by the Customer if the latter did not pay him the price under the conditions and in the manner indicated to these Conditions of Sale.
5.2 Late penalties
In the event of late payment , the Contractor may suspend all current orders , without prejudice to any other action . In addition, late payment will result in immediate payment of all amounts due to the Contractor by the Client, without prejudice to any other action that the Service would be entitled to bring , as such , against the Customer .
Any amount not paid by the due date will be automatically and without prior notice , according to the law for the modernization of the economy of 4 August 2008 , the payment of default interest in an amount equal to three times the legal rate on the date of billing, the interest current on the due date until payment.
A lump sum compensation for recovery costs 40 euros provided for by Decree No. 2012-1115 of October 2, 2012 will also be due as of right and without notice.
The Provider reserves the right to ask the Customer additional compensation if actually incurred collection costs exceed that amount , on presentation of receipts .
5.3 No compensation
Except express , prior written consent of the provider, and provided that the mutual claims and debts are certain , liquid and payable , no compensation can be validly made by the Client among possible penalties for delays in providing services ordered or non compliance of the order , on the one hand , and the amounts owed by the Customer to the Contractor in respect of the purchase of such services on the other .
Article 6- Methods of providing services
In the event that the services requested by the Client should be provided within a certain time after the confirmation of the order by the Provider, that period will be stated on the quote submitted by the Contractor to the Client.
This delay does not constitute a period of rigor and the Service Provider shall not be held liable in respect of the Customer in case of late delivery of not more than 1 (one) month. In case of delay of more than 1 (one) month, the Customer may request cancellation of the sale. The installments paid him will be output by the Service Provider.
The responsibility of the Provider shall in no event be liable for delay or suspension of the provision of the benefit attributable to the Customer or in case of force majeure. In the absence of reserves or claims made by the customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Customer shall have a period of 7 (seven) days from the provision of the Services to issue written such reservations or claims with all supporting documents relating thereto to the Provider.
The Contractor shall reimburse or rectify the Customer (wherever possible) in the shortest possible time and expense, according to the appropriate modalities and approved by the Customer Services including the lack of conformity has been duly proved by the Customer.
In case of special request of the Customer regarding the conditions of provision of services, duly accepted in writing by the provider, the costs are related will be subject to additional specific billing, on estimate previously accepted by the Client.
No claim will be accepted in case of non compliance with these formalities and time by the Client.
Article 7 – Intellectual property
The Provider remains the owner of all intellectual property rights to the brand and GOLDSTARK on studies , documents prepared in support of my implementation of GOLDSTARK method for providing services to the Client. The Customer is therefore prohibited any reproduction or use of the studies and documents and the GOLDSTARK mark without the express, prior written the Provider materialized in a rights assignment agreement in good standing .
Article 8 – Jurisdiction clause award
All disputes relating to the validity , interpretation or execution of this contract will be submitted to the competent court of Paris .
Article 9 – Law – Contract Language
By express agreement between the parties, these Conditions of Sale and purchase and sale transactions that result are governed by French law .
They are written in French. In case they are translated into one or several languages, only the French text would prevail in case of dispute.
Article 10 – Customer acceptance
These Conditions of Sale are expressly approved and accepted by the Customer who declares and admits having a perfect knowledge and gives up, thereby to invoke any contradictory document , including its own general conditions of purchase , which will be unenforceable to the Contractor, even if he was aware.