ACCEPTANCE : All transactions between the Buyer and the Seller, BOBOBOOM, operated by the sarl MITRICREATION, are subject to and expressly conditioned upon the terms and conditions contained herein, and upon the Buyer’s full assent thereto. No variation of these terms and conditions in other documents will be binding unless expressly agreed jupon, in writing. All of our products are artisanal, and as such, these products may present slight differences in nuances and materials. These differences bear testimony to the « handmade » qualities of our articles and, therefore, no claims can be derived from such observations. Furthermore, the Seller reserves the right to make any changes (materials used, color, or size) it deems fit to improve the product.
ORDERS : All orders are conditioned upon the Buyer’s assent to the terms and conditions of this agreement. Any of the Buyer’s terms and conditions which are different to those in the present agreement are objected to by the Seller, notably witz regard to purchase terms and pourchasse orders. Orders must be in writing and are contingent upon the acceptante of the Seller. « In writing » means any document established on paper, electronic, or facsimile support. Orders are only considered as final upon issuance by the Seller of a proforma invoice or an order acknowledgement. Information given in the Sellers catalogs, brochures, advertisements, prices lists, and other commercial documents are solely for informational purposes and are not binding. The Buyer disposes of five (5) business days to make a deposit and confirm the order.
MODIFICATION AND CANCELLATION OF ORDERS : Any and all changes (reference, color, size, quantity) made to the order at the requête of the Buyer are contingent upon the express consent of MITRICREATION and, if made after seven (7) days, a surcharge may be applied to the totality of the order. Orders are binding and may not be cancelled Wit out the Seller’s prior and express Witten consent. In such event, MITRICREATION will advise the Buyer of the total charge for such cancellation, and Buyer agrees to pay such charges, inclusion, but not limited to, specific equipment, research expenses, labor and supply costs, tooling costs, and any other cost resulting from cancellassions of this order by the Buyer which is permitted by the Seller. Any deposit made to MITRICREATION will be retained by MITRICREATION.
MINIMUM ORDER REQUIREMENTS : minimum order amount is € 500 exworks excluding taxe. Reordering must comply with the product’s minimum packaging requirements. Products are sold in pairs. Custom products are sold by 6, 12 or 50 pieces.
MINIMUM INVOICING REQUIREMENTS : minimum purchase amount is € 150 exworks excluding taxe. Due to the fixed costs associated with registration, preparation and shipping of all orders, orders for an amount less than €150 ( excluding taxe) can be taken in cash with billing for a flat fee of € 10.00 excluding taxe. Reordering must comply with the product’s minimum packaging requirements.
PRICES : the prices of the merchandise sold are these in effect on the day the order is accepted. The Exworks prices are calculates with tax and are subjectif to possible data entry errors or changes in VAT rates or availability of items, and can therefore not be considered definitive. Prices do not include services. MITRICREATION reserves the right to change its prices at any time.
PAYMENT TERMS : 50% of the total estimâtes amount of the order is due upon reception of the proforma invoice. This deposit may be settled via bank transfer or credit card (during fair). The order will be confirmed only upon actuel reception of payment. The balance of the order and delivery charges must be settled prior to shipping. Unes otherwise agreed, the Sellers invoices are payable in cash and are non-discountable. Payment is considered settled in full jupon bank clearance of checks and transfers. For any payment settled during the Maison&Objet tradeshow, a 5% discount will be rewarded the Buyer.
PAYMENT METHODS : accepted payment methods: check (France only), cash, bank transfer, and credit card (during french fairs).
DELIVERY : the Sellers products are sold with the minimum packaging requirements. We advise Buyers residing outside France (Europe and international) to provide the Seller with the contact information of their freight forwarders. All customs fees (certificates, etc.) are borne by the Buyer. Deliveries are carried out according to product availability and order placement, earlier orders taking precedence, to permit the Seller to carry out global and partial deliveries. Delivery lead times are given as a general guideline and are usually around eight (8) weeks. Procurement time never includes delivery time and delivery delays may not constitute grounds for contract cancellation or serve as a basis for a request for damage compensation in any form. Should the Buyer discover any defective goods, he shall dispose of 48 hours (excluding bank holidays) to address any éventuel claims, including photograph of the flawed merchandise and its packaging, to the Seller. If no claim witz photo is received within that timeframe, the Seller will deem the merchandise accepted and compliant with the order.
SHIPPING : MITRICREATION is not liable for any delays, damages, or total or partial losses during shipping. All shipments, even carriage paid, are made at the risk of the recipient. The recipient is therefore responsible for exercising all claims against the carrier within the set time frame should any loss or damage of merchandise occur. The carrier shall be held liable for any loss or damage of merchandise. PRODUCTS TRAVEL AT THE RISK OF THE BUYER, the Seller can never be held liable for any issues occurred during shipping. The Buyer is responsible for filing any claims against the carrier, should damage or partial or total loss of merchandise occur during shipping. In accordance with article L133-‐3 of the Code de Commerce [French Commercial Code], if the Buyer does not file a claim by extrajudicial documents or registered letter with acknowledgement of receipt against the carrier within three (3) days (excluding bank holidays) of the reception of merchandise, acceptance of the shipment by the Buyer is implied. If the Buyer does file a claim against the carrier with the specified timeframe and ask for expert appraisal of the merchandise, in application of the provisions of Article L.133-‐4 of the Code de Commerce [French Code of Commerce], the Buyer’s complaint is recognized and the scenario described in the paragraph above needn’t apply. All contrary provisions are n
ull and void. However, this provision is not applicable to international shipping. If, as above, a claim is filed against the carrier, the Buyer must submit a copy of the claim to the Seller along with photo evidence of damage, within the timeframe stated previously. Only reservations entered upon receipt of merchandise will be taken into consideration. These reservations must be specified on the delivery note and must be detailed. (Example: package open upon reception, product X missing; package damaged, product X broken.) The reservations must then be submitted to the Seller on the same day via email to firstname.lastname@example.org and be accompanied by photos of the damaged package or broken item, and then sent to the Seller via registered letter with acknowledgement of receipt. If these specifications are not met, the Seller will not take any reservation or claim into consideration.
RETURN : no return of goods can be done without our consent. When exceptional return is accepted, it must be sent free, accompanied by a statement of the number and the date of our invoice. Returned goods should come to us in the condition that we have provided. If there is a fault or an error on our part we refund 80% of the invoice to cover the administrative expenses inherent in this process.
LATE PAYMENT : all payments must be settled by the date stated on the invoice or other commercial documents at the latest. In case of late payment, all due amounts shall fall immediately payable and the Seller reserves the right to immediately perceive interest on the total amount outstanding and owed by the Buyer at a rate of three times the legal fixed interest rate (suggested at 14%), as well as a lump sum of twenty-‐five (25) euros for participation fees. Non-‐payment of a due invoice also gives the Seller the right to halt delivery of all outstanding orders of the Buyer and renders all debts between the parties due, without the need for prior formal request. In case of recovery through litigation, a lump sum equal to 15% of the amounts due can be charged to the buyer as compensation. For any check that is returned unpaid, a lump sum penalty of twenty-‐five euros shall be applicable as of right and without prior formal notice to cover processing and bank costs.
In any event, MITRICREATION reserves the right to refuse sale to customers having previously had incidents regarding payment (including unpaids, late payments, and litigation proceedings) and to investigate any potential buyers before agreeing to a sale.
AMICABLE SETTLEMENT OF DISPUTES : all parties agree to attempt to settle disputes amicably before submitting the dispute before a court of competent jurisdiction. If the Buyer has not settled payment of a portion of the due amount by the due date, or within eight (8) days following a formal request, the Seller can choose to terminate the sale with immediate effect if deemed necessary. Should this be the case, MITRICREATION reserves the right to reclaim any of the merchandise sold to the Buyer (as long as the items are still in good condition) simply by requesting a summary order issued by the only competent body – Monsieur le Président du Tribunal de commerce de MARSEILLE [the President of the French Commercial Court of MARSEILLE]. All of the Seller’s obligations will be suspended or cancelled in cases where force majeure; staff, supplier, or subcontractor striking; or, more generally, unforeseeable and unpredictable circumstances impede the Seller’s ability of fulfilling an order. In the event of failure by the Seller to fulfill all or part of its obligations due to the circumstances described cited above, the Seller will not be held liable and cannot be required to provide compensation. Unless otherwise agreed, and in the event of a dispute, sole jurisdiction is granted to the Tribunal de Commerce de Marseille. This jurisdiction shall remain valid in the event of proceedings involving the introduction of third parties or proceedings involving several defendants. Different means of delivery or payment shall trigger neither novation of nor derogation to this clause conferring jurisdiction.
RETENTION OF TITLE CLAUSE : all merchandise remains the sole property of the Seller until effective payment of the full price, principal and incidental, is received. In the event an invoice is not paid, for any reason whatsoever, the Seller may repossess the merchandise. All fees are borne by the Buyer, who must return the goods upon first request from the Seller.
APPLICABLE LANGUAGE : the terms and conditions of sale were originally redacted in French. If, for any reason, the present general conditions are translated into another language, the French version shall be the authentic version in case of doubt. The present Terms and Conditions shall prevail over all other clauses or terms of sale issued in our other documents as of the first of August 2016.