Placing an order with us implies that you accept these terms and conditions of sale.
The general terms and conditions of sale described below give details of the rights and obligations of Ekistack and its customer in the context of the sale of mudsills.
Any service provided by Ekistack therefore implies unreserved acceptance of these general terms and conditions of sale by the purchaser.
The prices for the goods sold are those in force on the day the order is taken. They are expressed in euros, ex-VAT.
Consequently, the VAT and delivery charges applicable on the day of delivery will be added to the price.
Ekistack reserves the right to modify its prices without prior notification for reasons beyond its control, such as changes in exchange rates or the cost of raw materials. However, it will invoice the goods ordered at the prices indicated when the order is recorded.
- Rebates and discounts
The prices proposed include the rebates and discounts to be applied by Ekistack in view of its results or the provision of certain services by the purchaser.
No discount will be granted for early payment.
- Terms and conditions of payment
Down-payment of 30% with order 70% on receipt of invoice
Payment for orders is to be made:
- by cheque; or
- by bank transfer.
The purchaser guarantees Ekistack that it possesses all the authorisations that might be required to use the method of payment chosen by it when the order form is validated.
Ekistack reserves the right to invoice any bank charges incurred for the payments received and the right to suspend the execution of an order and delivery should authorisation be refused by officially accredited organisations or in the event of non-payment.
In particular, Ekistack reserves the right to refuse to make a delivery or honour an order from a purchaser that has not paid for a previous order, in whole or in part, or for which a payment dispute is currently ongoing.
- Overdue payment
In the event of failure to pay, in whole or in part, for the goods delivered on the day of receipt, the purchaser must pay Ekistack a late penalty equal to one and a half times the legal interest rate.
The legal interest rate applied is the one in force on the day of delivery of the goods.
This penalty is calculated in relation to the ex-VAT amount remaining due to the Company and runs from the due date of the price without any prior notification being necessary.
- Voidance clause
If, within fifteen days of implementation of the “late payment” clause, the purchaser has not paid the sums still owed, the sale will be terminated ipso jure and may entitle Ekistack to receive damages.
- Reservation of ownership clause
Ekistack retains ownership of the goods sold until the price (principal + ancillary costs) is paid in full.
In this respect, if the purchaser is put under legal administration or is made bankrupt, Ekistack reserves the right to claim the goods sold for which payment has not been received within the framework of collective insolvency proceedings.
Delivery is made as follows:
- by handing the goods over directly to the purchaser;
- or by delivery to the location indicated on the order form by the purchaser.
The delivery time indicated when the order is recorded is given for information purposes only and is not guaranteed.
Consequently, a reasonable delay in delivering the goods cannot give rise to:
- the allocation of damages;
- cancellation of the order.
The transport risk is entirely borne by the purchaser.
In the event of goods missing or damaged during transportation, the purchaser must indicate the necessary reservations on the order form on receipt of the said goods. Moreover, these reservations must be confirmed in writing within five days of delivery by registered letter with recorded delivery.
- Force majeure
The civil liability of Ekistack cannot be invoked for non-execution of or a delay in execution of one of its obligations described in these general terms and conditions of sale if due to a case of force majeure.
In this respect, force majeure is understood as being any external, unforeseen, unstoppable event in the sense of Article 1148 of the French Civil Code.
- The recommendations and instructions for using the mudsills.
Ekistack declines any liability in the event of an accident due to incorrect use of the products, not in line with the instructions for use.
Any person or company using the mudsills will comply with: The recommendations and instructions for using the mudsills.
The recommendations and instructions for using the mudsills are available on request.
They can be viewed or downloaded on www.ekistack.fr
- Court jurisdiction
Any dispute relative to the interpretation and execution of these general terms and conditions of sale will be governed by French Law.
Should an amicable outcome not be reached, the dispute will be heard by the Evry Commercial Court.