Please note, we do not ship to individuals
Article 1 – Order acceptance
All orders are subject to our general sales condition, regardless of any contradictory provisions included in general sales conditions of our clients.
Article 2 – Delivery time
Delivery time is not specified and thus potential delays do not entitle the Buyer to cancel the purchase, to refuse the item or service provided or claim damage to their interest.
Article 3 – Transport
All of our products are sold directly from our store. They are dispatched at the Buyer’s risk and expense, whatever transport mode or payment modalities of free or port freight rate.
Article 4 – Prices
The invoice for purchased items is issued based on the current prices as of the delivery date whereas the invoice for services ordered is issued based on the current prices as of the execution date.
Article 5 – Paiement & conditions
Our invoices are due for payment upon delivery of the purchased goods. Until the invoice payment, Réflectiv holds full ownership of goods which are considered deposited and the Buyer shall be charged with potential damage cost regardless of its cause. Nonetheless, the Buyer is entitled to use or resell the abovementioned goods. Réflectiv reserves the right to withdraw the authorization by sending a recommended letter after the first default of payment. In accordance with the express agreement, a default on one due payment or other type of breach of the Buyer’s obligations results in:
1. Depending on Réflectiv’s decision; either payment of the entire remaining amount using the previously chosen payment method and conditions or returning the goods at the Buyer’s expense.
2. Payment of interest at an increased bank rate of 6 points
3. In accordance to the penalty clause, payment of a compensation for debt recovery costs, amounting to 8% of the debt amount, with prejudice to all remaining debt, or authorizing Réflectiv to postpone new deliveries or operations.
The Buyer is not allowed to take advantage of the claim against the Seller to appeal against the Seller and claim for issuing a partial payment or paying the compensation.Invoices issued for the State, local communities and other public institutions apply payment conditions pursuant to the provisions provided for in the Code on Government Procurement, including directives related to default interests which shall be binding in the case of default in payment.
Article 6 – Warranty
We are deeply involved in providing products which comply with Réflectiv technical specifications and in replacing products which appear to be defective. However, under no circumstances may our company be charged with mechanical damages which result directly or indirectly from inappropriate storage or usage.
We suggest that users, before installing the product, should make sure that the product is suitable for its future usage by carrying out preliminary tests where necessary, to protect themselves against the responsibilities and risks incumbent on them. Returning goods is not allowed without a prior written permission.The provisions of these conditions are not exclusive to any application made by a non-professional buyer of the legal guarantee of articles 1641 and following of the Civil Code.
Article 7 – Delivery claims
The Buyer must ensure immediately upon receipt of the goods that they comply with the stipulations of the order, in all respects (condition, quantity, reference, etc.). In case of non-compliance with the stipulations of the order, the Buyer must immediately mention it in a clear, precise and complete manner on the delivery note, and must report it by email to REFLECTIV within the day of reception.
Article 8 – Products claims
In case of a product issue, apparently applied under the conditions of the warranty, the Buyer must report it by email in a clear description of the case, with attached pictures or videos of the case, but also of the box with the reference and batch number visible. If the identification of the issue cannot be clearly being identified, REFLECTIV may ask for a sample of the concerned product (the shipment is at the charge of the Buyer, if a product defect is finally detected by REFLECTIV, the sample shipment amount originally proved by an invoice can be used for a credit note, if no defect appears, REFLECTIV will not take it in charge).In case of real product defect recognized by REFLECTIV with written agreement, the concerned length of merchandise will be replaced or a credit note will be issued in agreement with the Buyer.
A claim on product is only receivable after payment of the good.
Article 9 – Return
Any return of merchandise must be preceded by a written agreement between the Buyer and REFLECTIV. Any merchandise returned without this agreement would be held at the disposal of the customer and would not give rise to the establishment of a credit note. The costs and risks of returning the goods are the responsibility of the Buyer, unless REFLECTIV makes an error.
No return will be accepted after a period of fifteen (15) days following the date of collection or delivery of the goods. Any return accepted by REFLECTIV will result in a credit note for the benefit of the Buyer, an imputation fee of € 30 excluding VAT for each returned package will be billed to the Buyer, as well as management fees, unless REFLECTIV makes an error. The goods have to be returned in a perfect condition, in their original packaging, with a copy of the initial delivery note and / or the invoice, and unopened.
Article 10 – Administratives fees
For formal administrative processes, such as customs formality (Certificate of origin, A.T.R…), a fee can be applied to the Buyer by REFLECTIV in a dedicated invoice.
Article 11 – Branch selection
Réflectiv is domiciled at its registered office. All disputes related to interpretation and execution of the Contract of Sale shall be settled by Créteil Trade Tribunal only. Our bills or acceptance of payment allow neither substitution nor overriding of this clause conferring jurisdiction.
Article 12 – Jurisdiction and language
Any disputes concerning interpretation or execution of the contract, of any nature (sale, distribution, agency),shall be under the jurisdiction of France. The applicable language is French.
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/ ONLINE GTC
1 / - The present general conditions of sale will govern only all the sales contracts concluded between our company RÉFLECTIV and its customers, except contrary stipulations specially provided for in a particular contract such as a supply contract concluded with our Company RÉFLECTIV.
The acceptance of any offer from our REFLECTIVE Company implies acceptance of these general conditions of sale, which shall prevail, as of right, over all the conditions appearing in the Buyer's commercial documents and in particular in its general conditions of purchase.
No tolerance of our RÉFLECTIV Company of any nature, importance, duration, frequency whatsoever, may create a right or constitute a waiver of subsequently invoking one of these conditions. : p>
2 / - Information relating to our products such as prices, technical information, photos and drawings in our catalogs, prices or other documents from our RÉFLECTIV Company, do not bind our RÉFLECTIV Company, which is reserves the right to modify them at any time, in particular with regard to prices based on exchange rates and the purchase price of raw materials or in the event of changes in the legislation in force in the technical field concerned.
3 / - Orders will only be honored by our company RÉFLECTIV subject to our stock availability and in order of arrival.
4 / - No cancellation of an order by the Purchaser may occur without our prior, express and discretionary agreement.
Quotes remain valid for one (1) month from their date of creation.
3. DELIVERY TIME - SHIPPING - TRANSPORT
1 / - The order is processed within twenty-four (24) working hours following receipt of the latter by our company RÉFLECTIV, taking into account the availability of current stocks indicated on the product pages.
2 / - Goods are shipped to France within forty-eight (48) working hours of receipt of the order.
3 / - The obligations of our company RÉFLECTIV will be suspended as of right and without formality, and our responsibility released, in the event of the occurrence of events presenting or not the legal characters of force majeure or of the case fortuitous such as: fire, any work stoppage, strike, lock-out, flood, war, requisition, act of prince, riot, freezing, lack of raw materials, accident during manufacture, lack of fuel or electrical energy , interruption or delay in transport, pollution whether external or coming from the company, administrative prohibition to operate, impossibility or difficulty of importing or exporting, temporary decommissioning of machines or tools necessary for the execution of commands preventing execution in the condi normal conditions by our Company. Our company RÉFLECTIV will keep the Buyer informed in a timely manner of the occurrence of any of the events listed above, and will endeavor to erase the effects as soon as possible.
4. RESERVE OF OWNERSHIP
1 / - Our company RÉFLECTIV will remain the owner of the goods until full payment of the sums due by the Buyer. In the event of a check or other commercial instrument, only the actual receipt will be worth payment. If the retention of title is not applicable or is not fully effective in the Buyer's country, our company RÉFLECTIV will then benefit from another security for the goods, applicable in accordance with local law.
2 / - If the Buyer cannot pay his debts or is subject to a collective safeguard, reorganization or liquidation procedure, the Buyer must immediately inform our RÉFLECTIV Company and set, first request, the goods at our disposal, without restriction and at its own expense.
3 / - Pursuant to this reserve clause, the Buyer undertakes (1) to hold the goods with due care and to store them in such a way that they can be identified as being the property of our RÉFLECTIV Company, (2) to notify our RÉFLECTIV Company, without delay, of any threat or infringement of its rights, in particular of any seizure, retention or fixed-rate execution measure to which the goods sold.
4 / - In the event of incorporation of new material into the delivered goods, or modification / transformation thereof, our company RÉFLECTIV will remain the owner of the goods for their initial value.
5 / - Our RÉFLECTIV Company may take advantage of this retention of title clause eight (8) calendar days after a formal notice by registered letter with acknowledgment of receipt sent to the Buyer and remained in whole or in part without effect during this period, in the event of non-performance by the Purchaser of any of its obligations.
During the term of our property rights, the goods may not be moved from the usual places of storage without our prior written consent. However, the Buyer is entitled to the resale of the goods subject to retention of title, only insofar as the claim arising from this resale is transferred to us.
6 / - Nevertheless, from receipt, the Buyer will bear the risk of damage that the material subject of the order could cause or suffer for any reason whatsoever.
5. INTELLECTUAL PROPERTY
1 / - Our company RÉFLECTIV fully retains the intellectual property of the models (registered or not), drawings, samples, studies, projects and other creative or technical documents on our products which can be given to the Buyer .
2 / - These documents may not be used by the Purchaser, without his written authorization, or copied, reproduced, transmitted or communicated to third parties. The Buyer expressly undertakes to respect this obligation of confidentiality.
3 / - They must be returned to our company RÉFLECTIV upon request from the latter and without delay.
1 / - The products are sold at the price in force on the day the order is received by our company RÉFLECTIV.
2 / - Our prices are expressed and payable in euros and are understood to be ex works, loading included (Ex Works Loaded) as this term is defined in the Incoterms 2008, excluding duties and taxes and charges. additional packaging payable by the Purchaser and net of any discount. Our prices are exclusive of import duties, customs fees, transport and insurance as well as any exceptional and / or temporary levy that may be made by the Administration of the country on the occasion of importation or transit countries . These fees, taxes or charges are the responsibility of the Buyer.
7. MAJOR ORDER: ANNUAL BUSINESS PLAN / SPECIAL CONDITIONS OF SALE / BUSINESS COOPERATION AND OTHER SERVICES / OBLIGATIONS TO PROMOTE BUSINESS RELATIONSHIPS
1 / - In accordance with provisions new articles L.441-6 and L.441-7-I of the Commercial Code, as amended by Law n ° 2008-776 of August 4, 2008 on Modernization of the Economy, an agreement called “Plan d ' Annual Business ”established between our company RÉFLECTIV and the Purchaser will take place before March 1 of year n and will define all the obligations to which the parties have undertaken with a view to fixing the price at the end of the commercial negotiation; in this context, the Annual Business Plan will specify:
· The conditions of the operation of sale of the products and in particular the particular conditions of sale possibly granted to the Purchaser, derogating from these general conditions of sale, provided that these particular conditions are fully justified in view of the obligations subscribed by the Purchaser and whose reality, at least potentially the date of signing of the Annual Business Plan, must be demonstrated in advance by said Buyer. The payment by our company RÉFLECTIV of any possible rebates is subject to the condition that the customer has respected all his commitments as well as the deadlines of all the invoices preceding the date of payment of these rebates.
· The other obligations intended to promote the commercial relationship between our company RÉFLECTIV and the Purchaser not falling within the scope of commercial cooperation, specifying for each of them the object, the planned date of performance of the service and its terms execution, as well as possibly its remuneration in the form of a price reduction unless that - it does not contribute globally to the determination of the agreed price of the commercial transaction; it is in fact of course understood that our company RÉFLECTIV and the Purchaser will be able to determine an overall price reduction rate bringing together all the tariff advantages likely to reduce the tariff price in return for said obligations.
· The provision of commercial cooperation services suitable for promoting the marketing of products, by defining the services to be rendered, the products concerned, the dates of said services and their duration, and their remuneration, except that the Plan of Annual business drawn up in the form of a framework contract may partly refer to contracts of application, but without the latter being able to replace the annual framework contract which must be established prior to the execution of any service. The invoices for the provision of services drawn up by the Purchaser must comply with the provisions of article L.441-3 of the Commercial Code as well as with the provisions of article 289 of the General Tax Code and article 242 nonies A of Annex II of the General Tax Code.
2 / - No payment of rebate or commercial cooperation services or other services may not occur before the return of one of the two original copies of the Annual Business Plan, duly signed, initialed and dated by the Buyer, before March 1 of the 'current year.
3 / - The invoices of commercial cooperation and / or other services will be paid after the completion of the service. They will not be offset against the invoices for the delivery of the products and cannot be deducted from the payment of the latter, any deduction being assimilated to a default of payment by the Buyer and will justify the refusal of delivery.
8. PAYMENT CONDITIONS
1 / - Unless otherwise agreed, contradictorily accepted, payments are made by any online / offline means.
2 / - In the event that a payment made with the order is necessary, the latter, agreed by the parties, will be a deposit on the price and can not, in any case, be considered as a deposit the abandonment of which would authorize the parties to withdraw from the contract.
3 / - The payment periods are thirty (30) days from the date of issue of the invoice.
4 / - In the event of payment after the payment date appearing on the invoice, our company RÉFLECTIV reserves the right to apply a penalty, plus VAT, to the customer charge, calculated on the basis of one and a half times the legal interest rate in force until full payment. In addition, we reserve the right to require the Buyer to make advance payments for all purchase contracts in progress or to withdraw them by registered letter with acknowledgment of receipt.
5 / - Any right of set-off for the benefit of the Buyer and arising from a reciprocal claim is excluded. No claim on the quality of a supply suspends payment for it if proof of its defect has not been provided to us and accepted by our company RÉFLECTIV. The terms of payment cannot be delayed, under any pretext whatsoever, even in dispute.
6 / - If it appears that the Buyer will not be able to pay on the dates set, our company RÉFLECTIV may, either before or after delivery of the goods, require additional guarantees to those initially agreed between the parties and, failing the Buyer to provide these guarantees, terminate the contract.
9. GENERAL WARRANTY CONDITIONS
1 / - Subject to the provisions of article 9 above, any complaint is excluded if it is not notified to our GRD Company within ten (10) working days of the date shipping the goods.
2 / - The costs inherent in the packaging or transport of the goods are the responsibility of the Buyer.
3 / - Prior to the shipment of the products, the latter must notify our company RÉFLECTIV and strictly comply with all the instructions which will be given to him and relating to the terms of transport, the latter being responsible for carry carriage paid and product insured.
4 / - Failure to comply with these instructions will purely and simply release our RÉFLECTIV company from any warranty.
5 / Withdrawal
You have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
The return costs are your responsibility.
In the event of exercise of the right of withdrawal, the company RÉFLECTIV will reimburse the sums paid within 08 days of notification of your request and via the same means of payment as that used when ordering.
10 . RESPONSIBILITY
1 / - Our company RÉFLECTIV is only bound by an obligation of means and therefore undertakes to make its best efforts and take all care the performance of its obligations. Its liability can only be incurred if the Buyer provides proof of our gross negligence of significant behavior.
2 / - In the in the event that the Purchaser is the victim of damage resulting from a proven fault by our company RÉFLECTIV in the performance of one of its contractual obligations, it is expressly agreed that our company RÉFLECTIV will only be liable for damages. direct and certain resulting from said fault.
The Buyer expressly waives any recourse for indirect damages, in particular operating losses, loss of profit, fines, increases in overheads, loss of profit, of customers or of expected savings.
3 / - Anyway As a result, the civil liability of our RÉFLECTIV Company is in all cases capped at € 46, all damages combined per claim, in cases of non-compliance and / or hidden defects.
Likewise, the responsibility of our company RÉFLECTIV can only be engaged within the limit of an amount of damages that cannot exceed the amount invoiced for the last six months at the time of the monitoring of the event that caused injury.
These ceilings are not applicable in the event of bodily injury caused by defective products of our REFLECTIV Company.
4 / - Responsibility for our RÉFLECTIV Company cannot be engaged in the following cases:
- degradation or alteration of the product due to improper handling or improper use by the Purchaser such as placing the products on unsuitable surfaces;
- destruction, alteration or partial or total deterioration of the goods following transport, storage or any treatment at the initiative of the Purchaser or resulting from instructions and express request for reprocessing of the products by the Purchaser .
11. SPECIAL CONDITIONS RELATING TO THE CONSUMER
1 / - Guarantee
Notwithstanding any clause to the contrary, the products sold by our company RÉFLECTIV to any Consumer Purchaser benefit from the legal guarantee of conformity, the legal guarantee against hidden defects resulting from a defect in material, design or manufacturing affecting the delivered products and rendering them unfit for use.
Any guarantee will be excluded in the event of misuse, negligence or lack of maintenance on the part of the Purchaser, as in the event of normal wear and tear of the good, accident or force majeure and the The guarantee of our company RÉFLECTIV is limited to the reimbursement or replacement of non-conforming products or products affected by a defect.
The Buyer must, on pain of forfeiture of any action relating thereto, inform our company RÉFLECTIV in writing of the existence of the defects within a maximum period of seven (7) days from their discovery.
2 / - Shipping
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, our company RÉFLECTIV undertakes to deliver the Consumer Purchaser within a maximum period of seven (7) days within the conditions provided for in this contract.
12. RESOLUTION OF THE SALE
In the event of non-performance by the Buyer of any of its obligations, and eight (8) calendar days after a formal notice by registered letter with acknowledgment of receipt, remained in whole or in part without effect during this period, the sales contract will be terminated automatically and without formality if it seems to our Company RÉFLECTIV.
In the event of a dispute, the RÉFLECTIV Company and the client concerned will have recourse to arbitration carried out by a single arbitration sitting in amicable arrangement chosen by mutual agreement or failing that appointed at the request of the party the most diligent by the President of the Commercial Court of CRÉTEIL.
This clause does not apply if the buyer is a consumer.
14. COMPETENT JURISDICTION AND APPLICABLE LAW
Except in the event of the application of consumerist provisions, the parties agree that any dispute previously submitted to arbitration and not resolved will fall under the jurisdiction of the Commercial Court of CRETEIL.
French law alone governs the sales of our RÉFLECTIV Company, to the express exclusion of any international Convention or conflict of law rule that may lead to the application of another law.