Terms and conditions
These general terms of Export sales (hereinafter referred to as "the Terms") apply to all sales of products provided by
LABEL’TOUR outside metropolitan France to persons acting
within the scope of their business operations. All orders placed with LABEL’TOUR imply as an essential and determining
condition, the acceptance without reserve by the Client of the Terms in force on the date of the order concerned. By the same, the Client expressly waives all of his terms of
purchase or any other commercial document, unless there is prior and express acceptance by LABEL’TOUR of said terms and
documents. Moreover, the Client acknowledges that
acceptanceof the Terms shall bind the application of said Terms to the order to which they refer and also any subsequent order, except where new terms are brought to his notice. The fact that LABEL’TOUR does not exercise its rights to any one of the Terms at a given moment may not be interpreted as renunciation of exercising the right under said Terms for the future or the past. Before issuing an order, it is the responsibility of the Client to
ensure compliance with the prevailing legal and regulatory
requirements relating to the purchase of products and services the Client intends to make from LABEL’TOUR.
Where these Terms are drawn up in the language of the Client's country, the French version shall prevail and be binding between the parties.
The products offered for sale are those shown in the LABEL’TOUR catalogue, LABEL’TOUR reserves the right to modify its range of products concerned at any time, or those not shown in the
catalogue and which are the subject of a special order. Any
required information regarding product availability will be
provided for the Client within 8 days following the order
process. Moreover, it is understood that the characteristics,
size, weights, photos, graphic representations specified in the catalogue are non-contractual and for guidance only.
LABEL’TOUR reserves the right to replace the product specified in the order even after reception of said order insofar as the essential characteristics of the product concerned are not affected.
All orders placed by the Client in order to be binding upon LABEL’TOUR must have given rise to a formal acceptance by LABEL’TOUR. With regard to the products and services and at the Client's request, all estimates must be the subject of an
acceptance by the Client, and any hypotheses, any execution of the service shall be considered as the tacit acceptance of the estimate by the Client.
The estimate is drawn up on the basis of the needs expressed by the Client. Any modification and / or extension to the initially requested services shall give rise to the drawing up of a new estimate or additional estimate.
04. PRICES / PAYMENT
Prices mentioned in our price list are quoted in EURO, they are ex-works prices and are net of the statutory VAT valid at the time. They are valid yearly from 1st January until 31th December. All items are invoiced on the basis of the price applicable at the time the order is placed. If the Customer does not require Ex-works Carquefou incoterm, LABEL’TOUR will inform of the appropriate transport costs according to the Incoterms 2000. Payment must be made by SWIFT transfer before the goods are dispatched.
The banking details are as follows :
Banque Crédit Agricole
IBAN : FR76 1470 6000 3300 0542 8180 117
BIC : AGRIFRPP847
If an order is cancelled by the Client, the sums already paid by the Client remain the property of LABEL’TOUR, without prejudice to any of LABEL’TOUR’s other rights.
06. DELIVERY - SHIPPING
Unless otherwise specified, the risks and responsibilities for the products sold are transferred to the Client as from when they are picked up by the carriers or forwarding agents from
LABEL’TOUR’s depots or LABEL’TOUR’s supplier premises. The products are only insured on express instruction from the Client and at his expense.
On reception of the products, it is the Client’s responsibility, in the presence of the carrier or the forwarding agent, to check the products delivered are in good condition.
In the event of products being lost or damaged on reception, the Client must formulate any reservations according to article L133-3 of the Code of Commerce (French legislation).
LABEL’TOUR is authorised to make partial deliveries.
07. LEAD TIME DELIVERY
The delivery times are given purely for guidance and have no contractual value. LABEL’TOUR endeavours insofar as is
possible, to meet the delivery deadlines. Delays do not
engender the right to cancel the order, nor claim from
LABEL’TOUR any reduction or indemnity whatsoever. Any request to postpone delivery or execution made by the Client, is subject to prior consent from LABEL’TOUR as is any invoicing for expenses incurred as a result.
08. RETURNS AND DAMAGE CLAIMS
All goods have to be checked immediately upon receipt.
Damage claims are only acceptable if notified in writing within 8 working days of receipt of all goods. In case of legitimate claims the buyer can only require replacement of the goods. Shall
replacement not be possible, the Client may choose between alternative products with the same value or a refund. The Client cannot claim further compensation. All shipping and handling charges are non-refundable and payable by the Client. All
returns must first be authorized by us in writing.
09. OWNERSHIP RESERVE
The goods shall remain of Label’tour property until full
payment has been made. In the event of non-payment,
Label’tour reserves the right to re-sell the goods to any third party.
Label’tour shall have the absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in the seller.
10. FORCE MAJEURE
LABEL’TOUR's obligations are suspended for the duration of such and insofar as the events are beyond its control and that of its suppliers. If the duration of such events exceeds 6 months
continuously, cancellation of the order may be decided by
mutual consent of LABEL’TOUR and the Client.
The occurrence of an Act of God / Force Majeure is defined in the French Civil Code. Act of god / Force Majeure includes
notably the following events: fire, interruption in computer and telecommunications systems, transport incidents or failings, strikes, lock-outs, import or export restrictions or embargoes.
11. APPLICABLE LAW AND JURISDICTION
The interpretation and execution of the Terms and all acts
arising from them, shall be subject to French Law. Any dispute as to their validity, interpretation or execution shall be submitted to the exclusive deliberation of the Tribunal de Commerce de Nantes France.