Samarkand, a limited liability company with a capital of 51,000 Euros, registered in the Paris Trade and Companies Register under the number 422 718 528 R.C.S. Paris, whose registered office is located at 14 Bis, rue Marbeuf 75008 PARIS (hereinafter referred to as "Samarkand").
The present General Terms and Conditions of Sale (hereinafter referred to as "Samarkand GTC") apply to all sales of Products made by Samarkand regardless of the sales channel.
They are intended to govern the relationship between Samarkand and its professional customers.
The Products are presented with a description enabling the Buyer to know their essential characteristics and their price. The Buyer selects the Product(s) he/she wishes to purchase. He confirms his choice of Product(s) and takes note of the present GTC which is valid for acceptance by him.
The Buyer receives a confirmation of his order.
The contract of sale concluded between the Buyer and Samarkand is subject to the resolutive condition that the Product is available. An Order cannot be cancelled by the Buyer: any Order accepted by Samarkand is firm and final.
It follows that Samarkand is obliged to deliver the goods sold and that the Buyer is obliged to take delivery of them.
In case of failure to accept the delivery, Samarkand may either pursue the compulsory execution of the delivery after a summons to accept the delivery, or pursue the judicial resolution of the sale and claim all damages, or keep the sums paid as a penalty clause.
Delivery dates are given as an indication, a delay in delivery cannot constitute a clause of cancellation of the present order, nor give right to damages.
However, the buyer may request the cancellation of the order and the return of the sums paid, without interest other than that provided for by law, if the goods are not delivered within ninety days of a formal notice that has remained without effect, it being understood that this formal notice may only be given after the delivery date provided for as an indication.
The Buyer accepts a tolerance of plus or minus 5% on his production without this obliging Samarkand to replace them or to pay any compensation.
In case of force majeure, fire, flood, lack of fuel, strikes, lockout, lack of raw materials, interruption of transport, breakdown of machinery, unforeseeable disturbances of the manufacturing conditions, etc. in the establishments in charge of the execution of this order, Samarkand declines all responsibility, reserves the right to cancel the order, even if partially delivered, and is released from the obligation to deliver without any claim for compensation.
If Samarkand is unable to execute the order due to force majeure, fortuitous circumstances, non-delivery by the supplier or by a third party, it will be obliged to return the payments made without interest or compensation.
As for the Buyer, except in case of force majeure (unforeseeable and irresistible event) he cannot refuse to accept the delivery, all claims being to be made as provided for herein.
Unless otherwise stated, the drawings remain in all cases the property of Samarkand. The granting of exclusivity, geographically limited or not, does not modify this principle.
Any exclusivity, total or partial, geographically limited or not, must be understood, unless otherwise formally stipulated, for a period limited to the season concerned.
Exclusivity shall only be granted for firm quantities that are sufficient to cover the costs of the reserved model.
The buyer is obliged to check the goods at the time of delivery and must mention on the delivery note any reservations he intends to make about the condition of the goods received (conformity of the furniture delivered with that ordered, manufacturing defects, transport damage, etc. ....).
Samarkand reserves the ownership of the delivered goods until full payment of the price. In this respect, the delivery of bills of exchange or any other instrument creating an obligation to pay does not constitute payment within the meaning of this provision.
However, the risk shall pass upon delivery to the customer at a place or seaport agreed upon in advance with the customer.
In the event that payment is not made within the period agreed between the parties, non-payment of the price on the due date may constitute a cause for termination of the contract.
Goods sold by Samarkand held in stock by the buyer will be deemed to be those not paid for.
If, after the goods have been made available, the delivery date is postponed by the buyer, the goods shall be deemed to have been delivered on the date of availability. Invoicing shall be made on this date.
Payments for orders are made according to the product with a deposit, in cash or on the due date (transfer at 30 days from the date of issue of the invoice).
Payments must be made by credit card, bank transfer or cheque. Samarkand does not grant any discount for cash payments.
Samarkand reserves the right to refuse to honour an Order or to make a delivery to a Buyer with whom a payment dispute is being administered.
In case of payment after the payment date indicated on the invoice, a penalty equal to 3 times the legal interest rate will be applied as well as a fixed indemnity of 40 euros for collection costs (Law 2012-387 of 22/03/12).
For each unpaid instalment, handling and claim costs amounting to €5 per reminder letter will be charged to the customer. If the case becomes contentious, the entire debt will be increased by 25%, in addition to the handling costs and interest at the legal rate in force, as well as any legal costs.
Samarkand cannot be held responsible for damage in transit, missing goods (especially when the package is obviously damaged) or delays in delivery.
Any Buyer has the possibility to report by email, within 5 days from the delivery, any complaint concerning the ordered Products.
In case of dispute, the return of the product by the Buyer is mandatory, the product must be sent in the state in which it was received, in its original packaging, with all the elements accompanying it (instructions, accessories, packaging, etc.). The Buyer and Samarkand will make their best efforts to reach an amicable resolution of the dispute. If the Buyer's claim is founded, the dispute declared by the latter will give rise either to the return of the Product ordered or to its reimbursement. The amount of this liability may not in any way exceed the market value of the product concerned on the day of the incident.
The costs of transporting the product to and from the site are not covered.
There are no guarantees on the products sold by Samarkand from the moment they have been used by the Buyer/Consumer.
The Buyer and Samarkand are informed that all the data collected are processed for the purpose of processing the said orders. Samarkand also uses these data for its own commercial purposes, in order to promote the different products/new products to its customers.
The Buyer may at any time request by email or by using the unsubscribe links provided on the various communications to be excluded from the process.
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain all their force and scope.
Any dispute that may arise in connection with the interpretation or execution of this order or invoice shall be under the exclusive jurisdiction of the Court of Paris, even in the event of summary proceedings and even in the event of multiple defendants or third-party claims. The applicable law is French law to the exclusion of any other.
The present article is not applicable to the non-trading buyer.
