1-1. The act of placing an order implies the buyer’s full and unreserved acceptance of these general conditions of sale, to the exclusion of all other documents such as prospectuses, catalogues, or brochures issued by NATURALVI, which have no value other than indicative.
1-2. Unless formally accepted in writing by NATURALVI, no special conditions may take precedence over these general conditions of sale.
1-3. NATURALVI’s failure to take advantage of these general conditions of sale may not be interpreted as a waiver of its right to do so at a later date.
2-1. Orders are final only when they have been confirmed in writing by NATURALVI, which is only bound by orders taken by its representatives or employees subject to written confirmation.
2-2. In the event of a change to the order by the client 24 hours after confirmation of receipt by Naturalvi, additional management costs will be invoiced.
2-3. The benefit of the order is personal to the buyer and cannot be transferred without the agreement of NATURALVI.
3-1. The risks associated with transport are borne by the customer. The risks relating to the goods sold pass to the customer at the time of dispatch ex works, or as soon as the customer has been notified that the goods are available for collection by the customer. In the event of transport by our vehicles or by a carrier engaged by us, the risks shall pass to the customer on delivery. It is the customer’s responsibility to insure the goods as soon as the risks have passed to the customer.
The goods must be unloaded immediately and properly using the necessary equipment provided by the customer. If, at the customer’s request, our employees or our equipment have to be engaged to carry out the unloading, they may only be held liable in the event of gross negligence.
3-2. In the event of missing, damaged or damaged goods, it is the responsibility of the purchaser to make the necessary reservations with the carrier.
3-3. Delivery times are given as an indication only and are subject to availability and current manufacturing capacity. Any delays may not give rise to damages, withholding or cancellation of orders in progress. However, if one month after the indicative delivery date, the goods have not been delivered, the sale may be cancelled at the buyer’s request.
NATURALVI is released from its commitments in the event of force majeure.
The following are considered to be cases of force majeure: floods, fires, total or partial strikes, lock-outs, supply impossibilities due to third parties, without the need for the event to be unpredictable, irreversible, or external.
5-1. Products are supplied at the prices in force when the order is placed.
5-2. Prices are quoted for packed goods, exclusive of tax, on the basis of the prices communicated to the purchaser.
5-3. Insurance costs relating to transport are payable by the purchaser.
6-1. Unless otherwise agreed, the price is payable at the registered office either in cash by bank transfer, cheque or bill of exchange accepted at 30 days net without discount subject to the authorised credit line.
These conditions shall become null and void immediately in the event of late payment.
6-2. Failure to pay by the due date set forth in these general terms and conditions of sale, or by the due date agreed upon by the parties, whichever is later, will result in the immediate payment of all sums due to NATURALVI, even those not yet due, regardless of the method of payment and without prior notice.
In such a case, NATURALVI reserves the right to suspend the execution of all other orders from the buyer that have already been accepted by NATURALVI.
Failure to pay by the due date will automatically result in:
7-1. In accordance with the law of May 12, 1980, the goods delivered remain the property of NATURALVI until full payment of the price in principal, interest, and accessories.
It is understood, however, that the simple delivery of a document creating an obligation to pay does not constitute payment within the meaning of this clause, and NATURALVI’s original claim against the buyer remains with all the guarantees attached to it – including the retention of title – until effective payment.
7-2. As long as the price has not been paid in full, the buyer must individualize the merchandise delivered and not mix it with merchandise of the same nature from other suppliers. If the goods are not separated, NATURALVI may demand reimbursement or take back any goods still in stock.
7-3. In the event of seizure or any other intervention by a third party on the goods, the buyer must inform the seller without delay in order to enable the seller to oppose it and preserve its rights. The purchaser shall also refrain from pledging or transferring ownership of the goods by way of security.
8-1. NATURALVI can in no way be held responsible for the consequences of defective use of the goods sold, nor for the consequences of their use for a purpose other than that for which they are ordinarily intended.
8-2. In view of the multiplicity of uses and conditions of use, it is recommended that purchasers carry out tests before using the goods. Samples of items that have been manufactured consistently are available on request.
9-1. All complaints regarding delivered merchandise must be sent to NATURALVI within eight days by registered mail, even in the case of partial delivery.
9-2. All returns must be formally agreed between the parties. Returns made without the prior agreement of NATURALVI may not delay the payment of invoices on the original due date. The costs generated by these unapproved returns will remain the responsibility of the buyer.
9-3. Returned goods must be accompanied by the original label on the box.
9-4. In the event of goods being returned due to an error on the part of the purchaser, the transport costs associated with the return will remain at the purchaser’s expense.
It is the responsibility of the buyer to make sure that the legal and regulatory dispositions relative to the importation, delivery, storage, and use of the merchandise delivered by NATURALVI are respected in the country of destination.
Any person wishing to consult, modify, or delete all or part of the information concerning him or her that appears in NATURALVI’s “Client” or “Prospective Client” files may send a request by mail to the following address:
NATURALVI SAS 7 rue de la Papeterie – 67590 SCHWEIGHOUSE SUR MODER – FRANCE
The Tribunal de Grande Instance de Strasbourg, Chambre Commerciale, will have exclusive jurisdiction in the event of any dispute of any nature or contestation relating to the formation or execution of the order.