Applicable from September, 1, 2022.
Clause no. 1: Purpose and scope
These general conditions of sale (GTC) constitute the basis of commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.
The general conditions of sale described below detail the rights and obligations of the company IOT FLOWERS and its customer in connection with the sale of goods sold on the PISPA.FR website.
Any acceptance of the estimate/purchase order, including the clause “I acknowledge having read and I accept the general conditions of sale attached hereto” implies the buyer's unreserved acceptance of these general conditions of sale.
Clause no. 2: Price
The prices of the goods sold are those in effect on the day the order is taken. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The company IOT FLOWERS grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company IOT FLOWERS would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause 4: Discount
No discount will be granted in the event of early payment.
Clause no. 5: Methods of payment
The payment of orders is made:
• either by cheque;
• either by bank card;
• or by bank transfer for account customers.
Payments will be made under the following conditions:
• Payment 30 days after receipt of goods for customers on account
• Cash for new customers before departure of the goods.
Clause no. 6: Late payment
In the event of total or partial non-payment of the goods delivered on the due date, the buyer must pay the company IOT FLIOWERS a late payment penalty equal to three times the legal interest rate.
The rate of legal interest retained is that 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 VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump sum compensation of 40 euros due for recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause no. 7: Cancellation clause
If within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the sums remaining due, the sale will be automatically canceled and may give rise to the right to the allocation of damages for the benefit of the company IOT FLOWERS.
Clause no. 8: Retention of title clause
The company IOT FLOWERS retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of a reorganization or a judicial liquidation, the company IOT FLOWERS reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause 9: Delivery
Delivery is made:
• either by direct delivery of the goods to the buyer;
• either 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 when registering the order is given for information only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:
• the award of damages;
• cancellation of the order.
The risk of transport is fully borne by the buyer.
In the event of goods missing or damaged during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within five days of delivery, by registered mail AR addressed to the company.
Clause no. 10: Force majeure
The responsibility of the company IOT FLOWERS cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external event, unpredictable and irresistible 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.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of PARIS