General Terms of Sale
These General Terms of Sale (GTS) detail the rights and obligations of the ENTRE TERRES workshop (hereinafter referred to as the Seller) and their Customer. Any sale made by the ENTRE TERRES studio implies the Customer’s acceptance without reserve of these General Terms of Sale. The Customer may not impose its own general terms of purchase upon the Seller.
"If any provision of these General Terms is determined invalid, the remaining provisions shall not be affected." If the Seller does not exercise one of its rights under these GTS at any time, this shall not deprive it from exercising any of its rights at a later time.
Orders must be placed in writing in person, by post, or by email. Each order must include:
- The Customer’s full name and complete address,
- The form of organisation and Intra-community VAT number for customers in the European Union,
- Delivery details (delivery address, terms of delivery), price, and payment terms.
Any quote that is marked “bon pour accord” (“approved”), dated, and signed by the Customer is considered firm and definitive. Quotes are valid for thirty (30) days. Beyond this period, the Seller is no longer required to accept any orders under the terms stated in the quote.
3 Order confirmation
Even if there is no written order from the Customer, payment of a deposit and/or acceptance of the goods will be considered confirmation of the order and unconditional acceptance of these GTS by the Customer.
4 Shipping time
The shipping time given when the order is accepted is approximate. It starts on the date that the Seller receives the Customer’s purchase order or the Customer’s acceptation of the quote and these GTS, the deposit stated in the terms of the quote, and all documents required for execution of the order.
A delivery delay shall not be considered a breach of contract nor result in any compensation for damages, late penalty charges, or order cancellations. The Seller reserves the right to make split shipments.
The shipment is made:
- either by sending the Customer a notice that the order is available for them at the workshop.
- or by delivering the order to the address stated by the customer on the purchase order or quote.
Sales are EXW Grazac - France (Incoterms® 2010), unless otherwise specified in the quote. The Customer is therefore responsible for transportation and insurance costs. Transport risks are borne entirely by the Customer, who is responsible for insuring the goods.
Goods are packaged according to current industry standards to ensure optimal protection during transport. Packaging costs are specified on the quote.
The Customer must check shipments upon arrival. If any goods are missing or were damaged during transport, the Customer must note all reservations on the delivery slip upon receipt. Furthermore, these reservations must be confirmed in writing within three working days of the delivery via registered letter with acknowledgement of receipt (Article L133-3 of the French Commercial Code). The delivery slip may not be marked “subject to unpacking” or “subject to assembly”.
Possible nuances in colours, shapes or sizes do not constitute a non-conformity. Imperfections of the surface or shape are indicative of hand-made creations.
Goods may be returned due to non-conformities or apparent defects. This requires the Seller’s written approval and must be done within seven (7) days of receipt. Custom-made pieces may not be returned.
The Seller will not accept any returned goods without the apparent defects or non-conformities being established. The return will result in a standard exchange for the Customer. The Seller is responsible for the costs associated with returning and redelivering the goods.
Any goods returned by the Customer that the Seller has not given prior approval for or that has not had any apparent defects or non-conformity established shall be held for the Customer. There will be no standard exchange, and no credit will be issued. In this case, the Customer will be responsible for the costs associated with the return.
The prices of the goods sold are those in force on the day of the order. They are EXW Grazac - France (Incoterms® 2010), in euros and exclude taxes (VAT not applicable, art 293B of the CGI). The Seller reserves the right to change its prices at any time. Nonetheless, the Seller will invoice the goods ordered at the prices listed on the order date.
No discount is given for early payment.
11 Payment terms
Payment is to be made via SWIFT or SEPA transfer. Depending on the order, the Seller may request payment by instalments. The modalities are defined on the pro-forma. To validate the order, the Customer will pay a deposit of 30% of the total amount. The remaining balance is to be paid before shipping the goods. Any charges from banks outside of France will be borne by the Customer.
Should the Customer’s status change (e.g. change in structure, late payments, default of payment, bankruptcy, dissolution, death), the Seller reserves the right to revoke any extended payment periods, suspend orders in process, demand guaranties, or cancel the order.
In the event of a late payment, the Seller may suspend all orders that are in process without prejudice to any other right of action.
12 Late payment
If payment is not made by the due date stated on the invoice, the Customer will be lawfully subject to a late penalty, which the Seller may claim without any reminder (French law No. 2001-420 of 15 May 2001 concerning new economic regulations, and Articles L441-3 and L441-6 of the French Commercial code). The penalty interest rate is fixed at three times the legal interest rate and is calculated based on the entire amount due. Late payments are also subject to an additional flat fee penalty of €40.00 for recovery costs, which can be charged without prior notice. If the recovery costs incurred by the Seller exceed this amount, the Seller may claim additional compensation from the Customer upon presenting documentation.
After any default payments, all other payments will become immediately due.
13 Resolutive condition
If there is a default payment, the sale may be rightfully cancelled after forty-eight (48) hours have passed without effect, and the Seller may be entitled to damages. This cancellation will affect not only the order in question, but also all other earlier unpaid orders, regardless of its delivery or payment status. Outstanding balances for any other deliveries or any other reasons will be immediately due, unless the Seller has opted to cancel the corresponding orders. The Customer must reimburse all recovery costs, including any legal or administrative fees.
14 Retention of ownership
The Seller retains ownership of the goods until full payment of the amount due, including any ancillary costs. Therefore, if the Customer experiences compulsory liquidation or reorganisation, the Seller has the right to claim goods sold to the Customer that remain unpaid.
15 Intellectual property
The name Atelier Entre Terres and all its illustrations, images and logos remain the Seller’s exclusive property. Any total or partial reproduction, modification or use of the said name, illustrations, images and logos (for any purpose and in any format) without the Seller’s prior expressed written approval is strictly prohibited.
16 Advertising rights
The Seller reserves the right to mention its Customers’ names in external communications and advertising (e.g. website, portfolio, etc.) to develop new business.
17 Force majeure
The Parties will be entirely released of their responsibilities if either Party fails to fulfil its obligations due to a case of Force Majeure.
Initially, the case of Force Majeure will suspend execution of the Contract, and the Parties will meet to discuss terms for continuing their business relations. If the case of Force Majeure lasts longer than one (1) month, the contract will automatically end, unless otherwise agreed upon by the Parties.
Force Majeure refers to unforeseeable circumstances. In addition to the Force Majeure cases regularly recognised by the courts and case law of France, the following cases are expressly considered Force Majeure for these GTS: blockages, disruption/congestion of telecommunication networks; poor electric power supply; any blockages in transportation/the supply chain; epidemics; earthquakes; fires; inclement weather/storms/floods/water damage; legal or governmental restrictions on business regulations.
Any dispute relating to the interpretation or execution of these General Terms of Sale is subject to French law. If no amicable resolution is found, the dispute will be brought before the Commercial Court of Puy-en-Velay (France).
The Customer acknowledges that it has read these General Terms of Sale and accepts them unconditionally.