These general terms and conditions of sale are entered into by MAGMA STICKERS, whose registered office is located at 18 RUE DES ALAOUDES, 40230 TOSSE, FRANCE (hereinafter referred to as “MAGMA STICKERS”), and any buyer acting for the purposes of their business.
APPLICATION – ENFORCEABILITY
Any order for products implies the buyer’s unconditional acceptance and full adherence to these general terms and conditions of sale, which prevail over any contrary conditions of the buyer (including, without limitation, its purchasing conditions), regardless of when such conditions may have been brought to the attention of MAGMA STICKERS, unless expressly agreed otherwise in writing and in advance by the latter. Unless otherwise stated, any other document issued by MAGMA STICKERS other than these general terms and conditions of sale, including but not limited to catalogs, brochures, advertisements, and notices, has only informational and indicative value and is not contractual. The fact that MAGMA STICKERS does not invoke, at a given time, any of the clauses of these general terms and conditions of sale shall not be construed as a waiver of the right to invoke such clauses at a later date. Due to the specific services, both tangible and intangible (signage, specific store layout, staff training, advertising, after-sales service, etc.) provided by exclusive distributors, MAGMA STICKERS reserves the right to apply different pricing scales, payment terms, return and transport conditions to them. Likewise, any wholesaler or purchasing group operating in a market distinct from retail resellers may be subject to differentiated conditions.
ORDER
Orders are irrevocable for the buyer upon receipt by MAGMA STICKERS, unless the latter expressly accepts in writing to cancel or modify them. Orders may be placed by any means but must be made in writing and are fulfilled by MAGMA STICKERS subject to available stock...
PRICES
MAGMA STICKERS’ price lists do not constitute an offer and may be modified without prior notice. Products are always invoiced at the prices in force at MAGMA STICKERS at the time of delivery.
DELIVERY
Deliveries are carried out subject to availability. MAGMA STICKERS is authorized to make deliveries in whole or in part. Any delivery time that may be provided by MAGMA STICKERS is purely indicative and does not constitute any commitment on its part. If the buyer has expressed specific wishes in this regard, MAGMA STICKERS will endeavor, within what is economically reasonable, to meet such wishes. Delays compared to indicative or requested delivery times shall in no case justify cancellation of the order nor give rise to any compensation or indemnity of any kind. Products are always shipped by the carrier chosen by MAGMA STICKERS. They travel at the risk and peril of the recipient, even in the case of carriage-paid sales.
RECEIPT – INSPECTION – CLAIM FOR NON-CONFORMITY
The products must be inspected by the buyer upon receipt in the presence of the carrier. In the event of damage or missing products, the buyer must note this on the delivery slip and confirm their reservations by registered letter with acknowledgment of receipt to the carrier, with a copy sent to MAGMA STICKERS, within three (3) days following receipt of the products. Without prejudice to the foregoing provisions, claims relating to visible or apparent defects (appearance or manufacturing defects) or non-conformity of the products with the order (including, without limitation, models, quantities, colors, etc.) must be submitted in writing, under penalty of forfeiture, within eight (8) days of receipt.
RETURNS – RIGHT OF WITHDRAWAL
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of goods made according to the consumer’s specifications or clearly personalized.
As the products sold by MAGMA STICKERS are entirely customized according to the client’s specific requests (design, format, text, quantity, etc.), no return, exchange, or refund is possible, except in the event of a manifest error on our part or a proven manufacturing defect.
Any validated order is therefore firm and final.
In the event of a non-conforming or defective product, the buyer must submit a claim within eight (8) days from receipt, in accordance with the procedures specified in the section “Receipt – Inspection – Claim for Non-Conformity”. If the non-conformity is proven, MAGMA STICKERS undertakes to replace the product as soon as possible.
WARRANTY
Unless otherwise specified on the product or provided at the time of purchase, products are warranted against any defect in materials or workmanship for six (6) months (or, if the applicable statutory or regulatory period is longer, for such longer period) from the date of delivery. This warranty, particularly with regard to its duration, does not apply to apparent defects, for which the buyer, who is a professional in the same field, must submit a claim in accordance with the provisions set out under “Receipt – Inspection – Claim for Non-Conformity” above. A hidden defect is defined as a defect in the manufacture of the product rendering it unfit for its intended use and not detectable by the buyer prior to use. This warranty is limited solely to the free replacement of products recognized as defective by MAGMA STICKERS, to the exclusion of any other remedy, subject to mandatory legal provisions. The buyer must provide any justification as to the existence of the alleged defects. MAGMA STICKERS reserves the right to carry out any inspection it deems necessary. To benefit from the warranty, the product must be submitted to the after-sales service of MAGMA STICKERS as soon as the alleged defect is discovered, whose approval is required for replacement. Defects and deterioration caused by abnormal storage and/or conservation conditions by the buyer, or by any accident whatsoever (abnormal use, improper maintenance, etc.), or by any modification of the product not provided for or specified by MAGMA STICKERS, shall not give rise to the warranty provided by MAGMA STICKERS.
RISKS – RETENTION OF TITLE CLAUSE
MAGMA STICKERS retains ownership of the products sold until full payment of the entire price and all additional costs, duties, and taxes that may be added thereto. This provision does not prevent the transfer to the buyer, upon delivery to the carrier, of the risks of loss, theft, or deterioration of the products, and the buyer shall remain liable to pay the price even in the event of loss due to force majeure or unforeseeable circumstances. It is the buyer’s responsibility to take out appropriate insurance. Under these general terms and conditions of sale, the buyer is authorized, in the normal course of business, to resell the delivered products. However, the buyer may not pledge them, transfer ownership as security, or carry out a global assignment or bulk transfer of stock, whether amicably or judicially, without the express prior written authorization of MAGMA STICKERS and subject to its right of follow-up. In the event of resale to a third party, the buyer assigns to MAGMA STICKERS all receivables arising from the resale to the third-party purchaser, the corresponding sums representing the sale price invoiced by MAGMA STICKERS being hereby pledged for its benefit in accordance with Article 2071 of the French Civil Code, the buyer becoming a mere custodian of the price. Authorization to resell products delivered by MAGMA STICKERS is automatically withdrawn in the event of judicially established cessation of payments by the buyer. MAGMA STICKERS expressly reserves, for the purpose of protecting the reputation of the MAGMA STICKERS brands, the right to reclaim products still in stock in the event of judicial reorganization or liquidation of the buyer. In the event that the buyer entrusts the delivered products to a carrier or custodian, the buyer undertakes to have this document dated and signed by the latter, after having handwritten the statement “acknowledged upon receipt of the products the retention of title clause stipulated in the MAGMA STICKERS general terms and conditions of sale”.
PAYMENT
Payments shall be made without discount at the registered office of MAGMA STICKERS, in accordance with the agreed terms stated on the order form and the invoice. For the purposes of this article, payment shall mean not the mere delivery of a check or bill of exchange, but their actual collection or settlement at the agreed due date.
LATE OR NON-PAYMENT – PENALTIES – TERMINATION
Any amount not paid by the due date indicated on the invoice shall result, at the buyer’s expense, in the application of penalties set at one and a half (1.5) times the legal interest rate. Pursuant to Article L.441-6 of the French Commercial Code, such penalties are automatically due without the need for prior notice. All bank charges and protest fees, as well as stamp duties for bills of exchange issued to replace unpaid instruments, shall be borne by the buyer. In the event of payment by bill of exchange, non-acceptance or failure to return the instrument shall be considered a refusal of acceptance equivalent to non-payment. In the event of non-payment of an installment at its due date, cessation of business, or transfer of assets, the entire outstanding balance shall become immediately due by operation of law without the need for any formal notice or other prior formality. In the event of late payment, MAGMA STICKERS reserves the right to suspend all current orders and to make any delivery conditional upon full prior payment of the relevant invoice and/or any previous invoice, without prejudice to any other legal action. Furthermore, any late payment authorizes MAGMA STICKERS, at its discretion, to send the buyer a formal notice to pay by registered letter with acknowledgment of receipt or by fax. Failing full payment within forty-eight (48) hours, the sale shall be automatically terminated to the benefit of MAGMA STICKERS, which may additionally cancel any ongoing order and demand the return of delivered but unpaid products, without prejudice to any other damages. Such termination shall affect not only the order concerned but also all prior unpaid orders, whether delivered or in the process of delivery, whether due or not. Furthermore, any discounts, rebates, or other specific advantages not previously applied and settled shall remain definitively acquired by MAGMA STICKERS, even retroactively if necessary, as contractual penalties and compensation. Any dispute relating to termination or restitution of products shall fall under the exclusive jurisdiction of the summary proceedings judge. Under no circumstances may payments be suspended or subject to set-off without the prior written agreement of MAGMA STICKERS. Any partial payment shall first be applied to the non-privileged portion of the debt, then to the sums whose due date is the oldest.
CONFIDENTIALITY
All technical documents that may be provided to the buyer remain the exclusive property of MAGMA STICKERS, which is the sole holder of the intellectual property rights thereto, and must be returned upon request. The buyer undertakes not to make any use of such documents that could infringe the intellectual or industrial property rights of MAGMA STICKERS, and undertakes not to disclose them to any third party.
JURISDICTION
The competent jurisdiction for any dispute, of whatever nature, shall be that of the court having jurisdiction over the registered office of MAGMA STICKERS. This clause applies even in the event of summary proceedings, incidental claims, multiple defendants, or third-party proceedings, and regardless of the method and terms of payment.
MAGMA STICKERS
18 RUE DES ALAOUDES, 40230 TOSSE, FRANCE
Tel: +33 7 85 52 22 50
E-mail: contact@magma-stickers.com
Siret: 901 274 514 00016