Terms and conditions of sale

Preamble

In accordance with current French legislation, our General Terms and Conditions of Sale (GTCS) constitute the sole basis for commercial negotiations with our buyers. In the absence of a written agreement, any order received implies unreserved acceptance of our General Terms and Conditions of Sale, despite any stipulation to the contrary that may appear on the purchaser’s order forms. The fact that the supplier does not refer to one or more articles of the general terms and conditions of sale at a given time may not be interpreted as a waiver and the supplier remains free at any time to demand their strict application.

Article 1: Purpose

The Vibra-Nova company, 7 rue Diderot 38400 Saint Martin d’Hères, France, registered with the Registre du Commerce et des Sociétés under the number 987725959, SIRET 98772595900017, markets products and services in the field of haptics.

Article 2: Prices

The prices of goods and services are determined on the day the order is registered. They are expressed in euros and calculated exclusive of tax. Consequently, they will be increased by transport costs and additional taxes (VAT) applicable on the date on which the order is registered.

Article 5: Payment and deadlines

Unless otherwise stipulated in an order confirmation, goods are payable in euros by bank transfer within 30 days of the invoice date. The buyer will only be released from his obligations once payment has been received by our bank.

Any new business relationship will be established subject to advance payment or a minimum deposit of 30% before delivery or the start of the service.

For foreign operations, our payment terms remain the same, but payments must be made by SWIFT transfer to the designated bank account or by irrevocable documentary credit confirmed by a bank of our choice.

Orders for which payment is to be made by documentary credit or guaranteed by a stand-by letter of credit or any other type of guarantee, such as a surety bond or bank guarantee, will only be executed after receipt of notification of the opening of an operational documentary credit without any conditions, or after the stand-by letter of credit, surety bond or guarantee required has been issued.

Except for payments made before delivery or on receipt of goods, no discount will be granted for early payment.
Glossaire

Article 6: Late payment

In the event of total or partial late payment on the date of delivery of the goods, the purchaser must pay Vibra-Nova a penalty equivalent to three times the legal interest rate in force. This penalty is calculated on the total amount due, including all taxes, from the due date, without the need for a prior reminder. In addition to this penalty, any sum, including the deposit, not paid on the due date will result in the payment of a fixed indemnity of 60 euros for collection costs.

Article 7: Retention of title

The goods remain the property of Vibra-Nova until full payment.

Article 8: Delivery

Delivery will be made: Either directly to the purchaser, Or to the address mentioned on the order form. The delivery time indicated during the registration of the order is purely informative and not guaranteed. Consequently, any reasonable delay shall not entitle the purchaser to claim damages or cancellation of the order. In the event of missing or damaged goods during transport, the purchaser must make all necessary reservations on the delivery note, and then confirm them by registered letter with acknowledgement of receipt within 5 days of delivery.

Article 9: Intellectual property

The brands, domain names, software, images, videos, texts, or more generally any information relating to intellectual property, remain the entire and exclusive property of Vibra-Nova. No transfer of rights of intellectual property is carried out within the framework of the present CGV. Any reproduction, modification or use, total or partial, of these elements is strictly prohibited.

Article 10: Force majeure

Performance of the seller’s obligations is suspended in the event of force majeure or an unforeseen event. The seller will inform the buyer as soon as possible if such an event occurs.

Article 11: Disputes

Any dispute arising out of or in connection with this contract shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these rules.

If both parties decide not to have recourse to arbitration, the dispute will be brought before the Commercial Court of the registered office of our company or the Commercial Court of Paris, and the applicable law will be French law.

Nevertheless, Vibra-Nova reserves the right to bring the dispute before the court of the place of the registered office of the purchaser. In this case, the applicable law will be that of the country of the debtor or a neutral law, namely Swiss law.

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