TERMS AND CONDITIONS
Applicable from 30/01/2023
Clause n° 1 : Purpose and scope of application
The present general terms of sale (GTS) constitute the basis of the commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
The general conditions of sale described hereafter detail the rights and obligations of the PRISM company and its customer within the framework of the sale of the following goods: IIR Surgical Masks, FFP2 Masks and Hydroalcoholic Gels.
Any acceptance of the quotation / order form including the clause “I acknowledge having read and accepted the general conditions of sale attached” implies the buyer’s unconditional acceptance of these general conditions of sale.
Clause n° 2 : Prices
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated without taxes. Consequently, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
PRISM grants itself the right to modify its prices at any time. However, it undertakes to invoice the ordered goods at the prices indicated at the time of the order registration.
Clause n° 3 : Discounts and rebates
The proposed prices include the discounts and rebates that PRISM would have to grant in view of its results or the assumption of responsibility by the buyer of certain services.
Clause n° 4: Discount
No discount will be granted in case of early payment.
Clause n° 5 : Terms of payment
The payment of orders is made :
- either by bank transfer ;
- or by credit card;
- or by PayPal.The payments will be made under the following conditions:
Payment at the order from the site.
Clause n° 6 : Late payment
In case of total or partial non-payment of the goods delivered on the due date, the buyer shall pay to PRISM a late payment penalty equal to three times the legal interest rate.
The legal interest rate retained is the one in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including all taxes of the sum still due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to the late payment penalties, any sum, including the deposit, not paid on the due date will automatically give rise to the payment of a fixed penalty of 40 euros due for collection costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause n°7: Resolutory Clause
If within fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the outstanding sums, the sale will be automatically cancelled and may give rise to the right to claim damages for the benefit of the PRISM company.
Clause n° 8 : Retention of title clause
The PRISM company retains the ownership of the sold products until the full payment of the price, in principal and in accessories. In this respect, if the buyer is subject to a receivership or a liquidation, PRISM reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause n° 9 : Delivery
The delivery is made :
- either by handing over the goods directly to the buyer ;
- or by sending a notice of availability in store to the attention of the buyer;
- or by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated at the time of the registration of the order is given only as an indication and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :
- the allocation of damages;
- cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer will have to formulate all the necessary reserves on the order form at reception of the said goods. These reservations must be confirmed in writing within five days of delivery, by registered mail addressed to the company.
Clause n°10 : Force majeure
PRISM’s liability cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general sales conditions results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Clause n° 11 : Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court, 9 Rue de Tarragone, 34070 Montpellier.
Done in Frontignan, the 30/01/2023
PRISM Medical