CGV SOCIETÀ SM TRADING MONTE-CARLO SARL
Article 1. Introduction These General Terms and Conditions of Sale (hereinafter "CGV") are stipulated between SM TRADING MONTE-CARLO SARL (hereinafter "SM TRADING MONTE-CARLO" or "the Seller") and any legal person that intends to make purchase from our catalog for professional purposes (hereinafter the "Purchaser"). The purpose of the GCS is to define the general and special conditions applicable to any purchase of goods made by the Purchaser in the catalog (hereinafter the "Order"). All sales of products offered by SM TRADING MONTE-CARLO in its Catalog apply without limitations or reservations. Consequently, the ordering of a product offered for sale in the Catalog of SM TRADING MONTE-CARLO implies the full and complete acceptance of these GCS of which the Purchaser declares to have read before the Order. SM TRADING MONTE-CARLO reserves the right to modify the present GCS at any time and without notice. Furthermore, the Buyer is invited to regularly consult the General Sales Conditions of SM TRADING MONTE-CARLO. However, the GTCs applicable to the Order will be those accepted by the Buyer at the time the Order is sent.
Article 2. Products 2.1. Product characteristics The Buyer can view the essential characteristics of the products offered for sale by SM TRADING MONTE-CARLO. SM TRADING MONTE-CARLO takes the utmost care in the visual representation of the products displayed in the catalog. However, due to the computerized processing of the images and despite all the attention paid to the creation of these visual representations, the dimensions and / or colors and / or packaging of the products may differ slightly from reality. These visual representations have only an illustrative function and in case of difference between the image and the description of the product card, the description of the product card always prevails.
2.2. Product availability The offers presented in the Catalog are valid, unless otherwise specified in the duration, as long as the products appear in the Catalog and within the limits of available stocks. In any case, and in case of total or partial unavailability of the products after sending the Order, the Buyer will be informed by his sales agent as soon as possible of the unavailability of the product and the total or partial cancellation of his order .
2.3. Conformity of the products The products sold in the catalog comply with the regulations in force concerning personal health and safety, correctness in commercial transactions and consumer protection when the products are placed on the market.
Article 3. Prices The prices of the products sold in the catalog are expressed in euros and exclude VAT. Prices are those in effect at the time of the Order's validation by the Buyer. They are valid in metropolitan France, Belgium and Monaco. The prices do not take into account the shipping costs, invoiced in addition to the price of the products and indicated to the Buyer before registering the Order. On the other hand, transport will be charged to SM TRADING MONTE-CARLO by written agreement. Product sales prices can be changed by SM TRADING MONTE-CARLO at any time. On the other hand, invoicing takes place according to the rates in force at the time of the Order's validation by the Buyer, except for the availability of the ordered products. Any customs duties or local taxes are entirely borne by the Buyer.
Article 4. Order 4.1. Conclusion of the contract SM TRADING MONTE-CARLO reserves the right to refuse any Order in the event of a dispute relating to the payment of a previous Order by the Buyer.
4.2. Modification of the order Any modification of the Order by the Buyer after confirmation of the same is subject to acceptance by SM TRADING MONTE-CARLO.
4.3. Unavailability of ordered products In the event of total or partial unavailability of the products after the Order has been submitted, the Buyer will be informed as soon as possible.
Article 5. Method of payment SM TRADING MONTE-CARLO grants different payment methods and payment methods at the time of order acceptance. SM TRADING MONTE-CARLO retains the full and entire ownership of the goods sold until full payment of the price by the Buyer, including expenses, taxes, and mandatory taxes.
Article 6. Delivery 6.1. General provisions Deliveries are made only in France and Belgium.
6.2. Delivery methods 6.2.1. Delivery to the customer For deliveries, SM TRADING MONTE-CARLO undertakes to deliver the products no later than 10 days from the date of shipment of the Order. In the event of total or partial unavailability of the Order, the Buyer is contacted by telephone to propose an alternative solution.
6.2.2. Damage to delivery The Buyer must imperatively check his order when he receives it in the presence of the carrier. If the Buyer finds defects, he has the choice to refuse delivery or to express immediate reservations
on the carrier's delivery note and therefore to indicate the exact details of the reserves (for example: missing products and specify the exact missing quantity) and inform SM TRADING MONTE-CARLO. The Carrier will contact SM TRADING MONTE-CARLO for the follow-up of the dispute and its reimbursement by the insurance company. SM TRADING MONTE-CARLO can therefore replace the goods to the Buyer. Attention, if no reservation has been issued by the Buyer, SM TRADING MONTE-CARLO cannot replace the goods. Article 7. Product warranties - After-sales service 7.1. Commercial guarantee The guarantees correspond to the guarantees granted by the suppliers and vary from six months to two years depending on the supplier. The warranties only cover manufacturing defects and not problems related to impact or improper use of the product by the Buyer.
7.2. After-sales service Warranty claims must be addressed to SM TRADING MONTE-CARLO by e-mail at the following address email@example.com. The products covered by the warranties must be returned in their original packaging or, in their absence, in a packaging suitable for transport, accompanied by any instructions and accessories and a legible copy of the bill. Upon receipt of the product (s), in the event of inconsistency between the problem detected by the technicians of SM TRADING MONTE-CARLO and the declarations of the Buyer, SM TRADING MONTE-CARLO reserves the right not to send the item to repair or to replace it. If the Buyer wishes to repair his damaged or defective item, he can send the request by e-mail. In this case, the return costs are borne by the Buyer. Once repaired or replaced, SM TRADING MONTE-CARLO will return the item at its own expense to the address indicated by the Buyer. If the warranty period is exceeded or if the item is not covered by warranty, SM TRADING MONTE-CARLO will not be able to make any repairs.
Article 8. Liability SM TRADING MONTE-CARLO can in no case be held liable for damages of any nature that may arise from improper use of the products by the Buyer. Similarly, SM TRADING MONTE-CARLO cannot be held responsible in the event of failure or improper performance of the contract due to force majeure or third parties.
Article 9. Intellectual property The SM TRADING MONTE-CARLO trademark and all the contents present in the Catalog (images, illustrations, sounds, texts, graphic elements, configuration, etc.) (hereinafter the "Content") are and remain the exclusive property of SM TRADING MONTE-CARLO or of the owner of the relative intellectual property rights. Any total or partial reproduction, modification or use of the Content on any support without the prior express written consent of SM TRADING MONTE-CARLO is strictly prohibited. In particular, the Buyer will refrain from any reproduction, reprinting, citation, servile imitation or other copy of the products, packaging and trademarks in question without the prior express written consent of SM TRADING MONTE-CARLO.
Article 10. Fight against fraud In the fight against fraud, SM TRADING MONTE-CARLO can carry out automatic checks on the elements supplied, such as billing data, delivery data and bank details.
Article 11. Complaints For any claim, the Buyer can contact SM TRADING MONTE-CARLO by telephone on +377 97 98 22 46 (price of the call from a landline in France), from Monday to Friday from 9:00 am to 5:00 pm for metropolitan France. Or by mail to the following address: SM TRADING MONTE-CARLO 11, avenue Saint Michel 98000 Monaco, or by e-mail to the following address: firstname.lastname@example.org, within eight days from receipt of the order of the products SM TRADING MONTE-CARLO . The complaint must contain a description of the defect or defects and the Buyer undertakes to prove the defect or defects before returning the goods. After this period, SM TRADING MONTE-CARLO will no longer accept any complaints.
Article 12. Case of force majeure No responsibility will be assumed towards SM TRADING MONTE-CARLO or the Buyer in case of delay in the execution of the contract in case of force majeure, a case accepted by the Jurisprudence (explanation not mandatory, lack of energy , strike, measures adopted by the Government).
Article 13. Termination of this contract Both parties may terminate this contract in the event of: - Breach of this contract, - Settlement procedure. The present GCS and, more generally, the contractual relations between SM TRADING MONTE-CARLO and the Buyer are subject to the Monegasque law. In the event of disputes relating to these GCS and / or the existence, interpretation, execution or breach of the contract stipulated between SM TRADING MONTE-CARLO and the Buyer, a friendly solution will be sought before any legal action. It is specified that the preliminary attempt of a friendly solution does not in any case interrupt the legal guarantee period. In the absence of an amicable agreement, all disputes will be subjected to the Court of Commerce of Monaco of the place of the registered office of SM TRADING MONTE-CARLO, even if there are more defendants, to know all the questions, even incidental to intervention in court or as a guarantee, whether they are initial applications or summary proceedings.