GENERAL CONDITIONS OF SALE TO RESELLERS

1 Object

These general terms and conditions of sale detail the rights and obligations of LE MUSO (hereinafter referred to as the supplier) and its customer. Any sale made by the supplier therefore implies the customer's unconditional acceptance of these general terms and conditions of sale. The general purchasing clauses and conditions of our customers cannot be used against us.

If one of the clauses of these general conditions were to be null and void or cancelled, the other clauses would not be cancelled. The fact that the supplier does not apply at a given time any clause of these general conditions, cannot be interpreted as a waiver of the right to subsequently avail itself of said general conditions of sale.

2 Order

Orders are made directly via the website www.lemusofrancais.fr via your professional space.

The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.

3 Order confirmation

LE MUSO reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received.

4 Shipping time

The delivery time indicated on the order begins to run from the date the supplier is in possession of the customer's order and these general conditions accepted by the customer as well as all documents necessary for the execution of the order. The usual delivery times are:

For deliveries in Metropolitan France, the delivery time is 2 to 3 weeks from the day after the buyer placed their order.

For deliveries within the territory of the European Union, the period is 2 to 4 weeks from the day following the day on which the buyer placed his order.

For deliveries to third countries, the delivery time is 3 to 6 weeks from the day after the buyer placed the order.

The order is sent after payment of the entire invoice.

A delay in shipment cannot be considered as a reason for termination of the sales contract nor give rise to the payment of damages, late payment penalties or cancellation of the order. The supplier reserves the right to make split shipments.

5 Shipping

Shipping is made to the place indicated by the customer on the order form.

6 Transport

Our goods are shipped in standard packaging. Any other packaging required by the customer will be subject to an invoice of the corresponding costs. Sea crates, in particular, are subject to an additional cost.

We choose the most suitable shipping method for each package.

The cost of transport is not included in the sale price, as well as insurance and remains the responsibility of the customer.

The carriers selected by us must be able to tell us the position of your package at all times.

The customer must check the shipments upon arrival. In the event of missing or damaged goods during transport, the customer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within 3 days (not including public holidays) following delivery, by registered letter with acknowledgement of receipt (article L133-3 of the French Commercial Code).

7 Return of goods

The return of goods, in the event of non-conformity or apparent defects, may only be made with the written agreement of the supplier and in no case beyond a period of 10 (ten) days after receipt of said goods. No return of custom-made products may be accepted.

In the event of a return, the resumption of the goods by the supplier will only be accepted on condition that the apparent defects or non-conformity are established. The return will then result in a standard exchange for the benefit of the customer. The return and redelivery costs will then be borne by the supplier.

Any return of goods not previously accepted or return for which apparent defects or non-conformity have not been established, will be held at the customer's disposal and will not give rise to a standard exchange or the establishment of a credit note. The return costs will then be borne by the customer.

8 Prices

The prices of the goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated with VAT.

LE MUSO reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was registered. LE MUSO does not take back unsold goods.

For France: Any order over €500 including tax is delivered free of charge. For orders under €500 including tax, the shipping costs are €11.9.

For Europe: Any order over €800 including tax is delivered free of charge, i.e. DPU agreed delivery location (Incoterms® 2020). For orders under €800 including tax, shipping costs are €20. Duties and taxes payable at destination are the responsibility of the customer.

For all other countries: Any order over €500 including VAT is delivered free of charge, i.e. DPU agreed delivery location (Incoterms® 2020). For orders under €500 including VAT, the shipping costs are €24.90. Duties and taxes payable at destination are the responsibility of the customer.

The supplier reserves 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.

9 Discount

No discount will be granted for early payment.

10 Payment terms

Payment for orders is made in full upon validation of the order, by credit card or Paypal. All bank charges outside France are the responsibility of the customer.

In the event of a change in the customer's situation (change of structure, default or late payment, bankruptcy, dissolution, death), the supplier reserves the right to remove any payment deadlines granted, to suspend current orders, to demand guarantees or, failing that, to cancel the order.

In the event of late payment, the supplier may suspend all current orders, without prejudice to any other course of action.

11 Late payment

In the event of non-compliance with the payment deadline stated on the invoice, as a penalty clause and for the application of law NRE No. 2001-420 of 15/05/01 and articles L441-3 and L441-6 of the French Commercial Code, the customer will be automatically liable for a penalty for late payment, payable without any reminder being necessary. The interest rate for penalties is set at 3 times the legal interest rate and is calculated on the entire amount due. In addition, a fixed compensation for recovery costs, in the amount of €40, will be due, automatically and without prior notification, in the event of late payment. The supplier reserves the right to request additional compensation from the customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

In the event of non-payment on any due date, the other due dates shall become immediately due.

12 Termination clause

In the event of non-payment, 48 hours after a formal notice has remained unsuccessful, the sale will be terminated automatically and may give rise to the allocation of damages to the supplier. The termination will affect not only the order in question, but also all previous unpaid orders whether delivered or in the process of being delivered, and whether their payment is due or not. The amounts that would be due for other deliveries, or for any other reason, will become immediately payable if the supplier does not opt ​​for the termination of the corresponding orders. The customer must reimburse all costs incurred by the contentious recovery of the amounts due, including the fees of ministerial officers .

13 Retention of title

The supplier retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the customer is subject to receivership or liquidation, the supplier reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.

14 Intellectual property

The name LE MUSO as well as all illustrations, images, logos are the exclusive property of the supplier. Any partial or total reproduction, modification or use of the name, illustrations, images and logos for any reason or on any medium whatsoever, without the express, written and prior consent of the supplier is strictly prohibited.

15 Resale on the internet

. The customer must check that his resale price is not lower than the pricing on the website, www.lemusofrancais.fr. This is the reference point for online pricing. Higher pricing is possible, up to 20% of the reference resale price.
A request to the company LE MUSO must be made for all online postings on a web medium, other than the original contractual one.

16 Advertising rights

The supplier reserves the right to mention the names of its customers on its external communication and advertising documents (website, portfolio, etc.) and during commercial prospecting approaches.

17 Force Majeure

The liability of the Parties shall be fully discharged if the non-performance by one or the other of a Party or of all of the obligations imposed on it results from a case of Force Majeure.

Initially, cases of Force Majeure suspend the execution of the Contract and the Parties meet to determine the terms of continuation of their relations. If the cases of Force Majeure last for more than one (1) month, the Contract will be terminated automatically, unless otherwise agreed between the Parties.

The following are expressly considered to be cases of Force Majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of the French Courts and Tribunals: blocking, disruption or congestion of telecommunications networks, poor quality of electrical current, blocking of means of transport or supply for any reason whatsoever, bad weather, epidemics, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, as well as legal or regulatory changes to the forms of marketing.

18 Competent court

Any dispute relating to the interpretation and execution of these general terms and 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 (France).

The customer acknowledges having read these general conditions of sale and accepts them without reservation.