Registered office: 216 rue de la République – 39401 Morez Cedex RCS N° 646 050 492 – Lons le Saunier
These terms and conditions (T&Cs) are provided to every client. Any order placed in any form implies the client’s acceptance of these terms and conditions of sale, which take precedence over the general conditions of purchase issued by the Client.
ORDERS AND DELIVERIES
All orders are subject to acceptance by the supplier in accordance with agreed settlement terms. Clients place their orders with L’AMY. Consignments are dispatched from the factory in Morez (Jura) and transported at the recipient's risk. Delivery times are approximate and depend on stocks, procurement and transport. Deliveries are deemed to comply with orders unless a complaint is received by recorded delivery within 8 days. Delivery times will be protracted in the event of force majeure, such as a war, riot, local or national strike, water damage, machinery breakdown or any other cause outside of the supplier's or its suppliers’ control.
The client acknowledges that products purchased from L’AMY are displayed and sold in stores specialising in high-quality, high-tech optical goods and are consistent with the prestigious reputation of products marketed by L’AMY. In doing so, the following objective criteria will be taken into account:
- the professional qualification of store staff and appropriate compliance with laws and regulations relating to opticians - the quality of indoor and outdoor installations valued by L'AMY, based upon the quality of the sign, the size of the window, the sales floor, the product presentation and positioning, as well as the type, brand and nature of products other than those supplied by L'AMY which are being sold in the store (in this respect, the retail outlet must have a sufficient number of competing brands of a similar standard to those distributed by L'AMY).
- the provision of service and personalised advice given to clients and their creditworthiness.
“Products purchased from L'AMY may be resold by clients on their own websites, excluding any online sales platforms operated by third parties, provided that objective and qualitative criteria relating to Internet sales are met. To this end, the client will inform L'AMY in writing of their intention to sell the products on the Internet, so that L'AMY can convey to them the objective and qualitative criteria relating to Internet sales."
The client commits to continually displaying products sold by L'AMY over the course of the year, in addition to showcasing accessories in a good location and making use of the advertising materials provided by L'AMY for this purpose, whether these materials were provided for free or subject to payment.
The client may not use the materials or installations on loan in a manner contrary to their intended purpose or allocate them to any place other than where they operate their business.
ADVERTISING AND PROMOTION
If the client wishes to undertake advertising or promotional activities of any nature whatsoever themselves, they must first inform L'AMY in writing and provide details of the format, publication date and marketing channel, incorporating only those graphics, fonts, symbols and logos which have been approved by L’AMY, taking special care to ensure that the credibility and image of the brands distributed by L'AMY is being protected. Each year, L’AMY will provide the client with advertising materials representing the brands it supplies, depending on their availability. Interested parties can also obtain additional material subject to payment by writing to L’AMY.
The client expressly agrees not to use the brands distributed by L'AMY for any purpose other than in their commercial relations with L'AMY and to sell products purchased from L'AMY to the exclusion of all others. On no account may these brands be used as a trade name, company name or label, or appear on the client’s company documents.
Goods may only be returned with prior authorisation from L’AMY. They must be sent to the Morez (Jura) address. They should be accompanied by a copy of the invoice for their purchase. Returns are made at the client’s own risk and L’AMY will not be held responsible for any loss. The sum of 2 euros per product will apply to any returned goods accepted by L'AMY as a management fee charged for the processing of returned goods.
AVAILABILITY OF SPARE PARTS
L'AMY advises the client that those parts essential for the use of a product ordered in accordance with the terms hereunder, will be available on the market for two years from the product's release (delivery date).
L’AMY guarantees products against any manufacturing defects under conditions of ordinary use, apart from normal wear and tear or resulting from an unauthorised intervention. Any claim must be made within two years from the sale of the product or the release of the collection. This is limited to repairing or replacing the product.
RESERVATION OF OWNERSHIP
Under the law of 12 May 1980, goods delivered remain the property of L’AMY until payment of the full price and any interest has been received. Does not constitute a payment under this clause, the issuing of a document creating an obligation to pay.
These provisions shall not prevent delivery to the client, risk of loss or damage of goods sold and the damage they could cause.
The base price given on our invoices is pre-tax and corresponds to the rates in effect on the date the order was placed. Applicable price reductions (discounts, rebates, etc.) are those defined by the current rate. Shipping costs are charged for invoice amounts of less than €300 pre-tax. All taxes, duties and other fees payable under French law are the responsibility of the client.
The cut-off date for invoicing is the last day of the month. The date given on the invoice is the delivery date. They are payable within 30 days of the end of the month starting from the date of the invoice by Recovered bill of exchange, unless otherwise specified in the contract, or immediately by cheque. If left unpaid, the amount charged by our bank for the return shipping cost will be carried by the client's account, in addition to the nominal value of the initial amount. In the case of early payment, no discount will be applied.
SPECIAL CLAUSE FOR GROUPS
It is expressly agreed that del credere groups are responsible for paying their members and our invoices on time. Similarly, the member replaces the group in the event of the latter being in default.
Failure to meet any deadline or the discovery of an outstanding payment will result in a formal demand being sent out regarding all the sums that are due, as well as any accrued interest payable from the first day after the agreed deadline, using the interest rate applied by the European Central Bank in its most recent refinancing operations, plus 10 percentage points. Deliveries will be suspended. A fixed fee of €40 will also be applied for recovery costs to cover any delay in making payment. Additional compensation may be required if recovery costs exceed that amount. In the event of late payment, any year-end discounts will simply be cancelled.
Failing to reach an amicable solution in the event of a dispute, the Courts for L’AMY’s Registered Office will have exclusive jurisdiction, including cases involving a warranty dispute or multiple defendants. These general terms and conditions of sale are governed by French law.
APPLICABLE FROM 01.01.2016