Orders will not require written confirmation systematically, but the delivery of the products will result in the acceptance of the order. The profit is personal to the buyer and can not be transferred without the agreement of Beach Toy.
Any change of order requested by the buyer can only be taken into account if it is transmitted before the products are shipped. If Beach Toy does not accept the modification, the deposits paid can only be returned in value merchandise.
Deliveries are only made based on availability. Beach Toy is authorized for deliveries in whole or in part. Delivery times are indicated as accurately as possible but are based on supply availability from Beach Toy. As far as possible, Beach Toy complies with the delivery times mentioned without obligation and as an indication. In the event that Beach Toy does not observe the deadlines, the company is not subject to any recourse on the part of the buyer.
Our goods are removed from our central stock and are deliverable at the agreed place. In all cases they travel at the risk and peril of the consignee to whom it belongs in case of damage or missing, make any necessary findings and confirm these reservations by registered letter with AR to the carrier within 3 days of receipt goods. We deliver our orders free of charge. However, we ask for a supplement of 15 euros for the orders not exceeding 200 euros without taxes.
Without prejudice to the provisions to be taken vis-à-vis the carrier, complaints about apparent defects or non-conformity of the delivered product with the ordered product or the dispatch note must be made in writing within eight days Consecutive to the arrival of the products. It will be up to the purchaser to provide any justification as to the actual defects or anomalies found. He will have to leave to Beach Toy all the facility to proceed to the recognition of these vices and to remedy it. He shall refrain from intervening on his own or from involving a third party for this purpose.
Any return of product must be the subject of a formal agreement between Beach Toy and the purchaser. Any product returned without this agreement would be held at the disposal of the purchaser and would not give rise to the establishment of a credit. The costs and risks of return are always the responsibility of the purchaser. No returns will be accepted after one month from the date of delivery. Any acceptance accepted by Beach Toy will entail the constitution of a credit for the benefit of the purchaser, after qualitative and quantitative verification of the returned products.
Invoices are payable by advances by check or bank card. Any deferred or future payment shall constitute a payment within the meaning of this paragraph, not merely the remittance of a commercial instrument or a check involving an obligation to pay but settlement thereof at the agreed maturity. Any invoice not paid in full at maturity shall automatically and without prior warning impose an annual interest rate of 12% as from the due date. In the event of late payment, Beach Toy, may suspend all orders in progress, without prejudice to any other course of action. By express agreement and unless delayed and requested by us, the default of payment of our services at maturity, immediate payment of all outstanding amounts, regardless of the method of settlement and schedule. In case of non-payment, 48 hours after a formal notice remains unsuccessful, the sale will be canceled as of right, if Beach Toy will be able to apply for summary judgment, the return of the products, without prejudice to any other damages. The purchaser shall reimburse all expenses incurred in the recovery of amounts owed, including the fees of departmental officers.
All products delivered remain the property of Beach Toy until full payment is requested. Law 80-3-35 of 12.05.1980. In the event of resale by the distributor, the retention of ownership is automatically deferred on the sale price that the distributor will collect from its purchasers.
Only the courts of Montpellier will be competent in case of disputes of any kind or dispute relating to the formation or execution of the order. In case of conflicts between the general conditions, ours will prevail.