Article 1 - General terms and conditions
Price quotations and orders are subject to these conditions. Any clauses that may appear on our customers' orders or commercial documents cannot be invoked against us, as our customers accept these conditions unreservedly.
Article 2 - Orders
The first order must be for at least €76.22 excluding VAT, with a minimum of €16 for spare parts orders. When placing an order, our customers must send us their R.I.B., a photocopy of their authorisation to sell arms and ammunition, as well as the usual commercial references.
Article 3 - Acknowledgement of receipt of orders
The operations undertaken by our sales representatives are only valid once we have accepted the orders.
Article 4 - Prices
Product prices are fixed on the day the order is dispatched. They are exclusive of tax, ex-warehouse in a single shipment to a single place of delivery. They are set according to current economic conditions and our company reserves the right to modify them at any time without prior notice in the event of fluctuations in these conditions. The purchaser may not invoke previous orders and/or invoices to oppose price changes and refuse to pay our invoices.
Article 5 - Payment
Our invoices are payable by cheque, bank transfer or LCR within 45 days of the end of the month. In the event of cash payment or payment in advance of the due date indicated on the invoice within 10 days, a 2% discount will be granted, with the exception of sports cartridges. Orders under €76.22 excluding VAT, with the exception of spare parts for repair, will be subject to administrative charges and must be paid in cash, without discount, on receipt.
All drafts sent for acceptance must be returned to us within 10 days of issue. Requests for postponement or extension of the due date will automatically incur late payment interest. In the event of payment after the due date, late payment penalties will be calculated from the due date to the date of actual payment, on the basis of at least 3 times the legal interest rate. In addition, collection costs will be invoiced with a minimum of €40.00 excluding VAT.
New customers
When a new customer account is opened, the terms and conditions of sale are as follows:
The first order is delivered cash on delivery, the following three (3) orders are payable in cash. In the event of late payment in whole or in part, a late payment penalty will be applied, equivalent to one and a half times the legal interest rate, after formal notice has been given to the purchaser. Failure to pay by a single due date will result in the forfeiture of all outstanding debts.
Our company reserves the right to demand immediate payment of all outstanding instalments and reserves the right to suspend orders and deliveries in progress until all invoices have been paid in full. It is expressly stipulated that in this case, the sums still due will be increased by a fixed penalty of 15% of the amount of the debts due, without prejudice to any interest, costs and fees that may be incurred by legal proceedings. In the event of intervention by our legal department, in addition to the legal interest, the expenses and any legal fees will be charged.
Article 6 - Deliveries
Delivery times are given for information only. No delay in delivery may result in damages, refusal of the goods or cancellation of the order. In accordance with articles 105 and 106 of the French Commercial Code, it is the customer's responsibility, within 48 hours of receiving the equipment delivered, to confirm any reservations with the carrier by registered letter with acknowledgement of receipt, sending us a copy. Our liability is discharged if our customers accept our products without reservation. All our shipments of goods travel at the risk of the recipient.
Article 7 - Free delivery
Free carriage and packaging will be granted for all shipments within mainland France and to the port of shipment for Corsica for a net invoiced amount equal to or greater than €1800. These conditions apply exclusively to transport at normal speed. If the customer wishes to use express delivery, the difference in cost will be borne by the customer. Shipments of primers and ammunition are not authorised by post and must be sent by S.N.C.F. or road service.
Article 8 - Guarantees
The equipment is guaranteed by the manufacturer. All the weapons we distribute bear official proof marks recognised by the CIP. These marks constitute the maximum guarantees that can be given. Any damage resulting from abnormal use, faulty operation, inadequate maintenance or the use of ammunition that does not comply with the CIP standard is excluded from the guarantee. Furthermore, the guarantee cannot be invoked for modifications carried out without our written authorisation. The warranty is limited to the replacement of parts found to be defective and only takes effect from the date of delivery for mechanical parts. Wood and plastic parts are expressly excluded from the scope of the warranty. The warranty is limited to the original purchaser. Guaranteed parts that have been exchanged must be returned to us so that we can issue the corresponding credit note.
Article 9 - Returns and complaints
Complaints will only be accepted if they reach our company within a maximum of eight days of receipt of the goods. Returns will only be accepted if prior agreement has been given by our sales department or after-sales service. In the event of agreement, you will be given a returns acceptance number. This number must appear explicitly on the returned package in its original packaging. In addition, the number of the original invoice must be attached to this package in order to facilitate the administrative processing of the file and the issue of any corresponding credit notes. If the products supplied are found to be defective or non-compliant, we will only be obliged to replace or reimburse the invoiced value of the said products, without being held liable or being able to claim compensation for any reason whatsoever. All return shipments must be made carriage paid unless otherwise agreed in advance. Under no circumstances will ammunition, primers, spare parts, assembly parts, scopes or sights bearing traces of assembly be taken back or exchanged.
Article 10 - Restocking costs
If the return of the goods is accepted, the credit note to be issued will be reduced by a lump sum corresponding to 15% of the invoiced value of the goods returned.
Article 11 - Retention of title
Our company reserves ownership of the goods delivered until the price has been paid in full. The delivery of a bill of exchange or any other instrument creating an obligation to pay does not constitute payment within the meaning of these terms and conditions. During the period of retention of title, the purchaser undertakes to allow identification and reclamation of the goods delivered at any time and to indicate on the goods the words "subject to retention of title in its stock". The purchaser authorised to resell the goods delivered in the normal course of his business must immediately inform our company of the seizure of the goods delivered under reservation of title in favour of a third party. The purchaser shall also refrain from pledging or assigning ownership of the goods by way of security.
Article 12 - Jurisdiction
All disputes arising between the parties are subject to the exclusive jurisdiction of the Courts of Toulouse, regardless of the place of delivery or the method of payment accepted, even in the event of a third party claim or multiple defendants.
Article 13 - Transfer of risks
Goods travel at the buyer's risk:
- unless otherwise agreed, the transfer of risks takes place as soon as the goods are loaded at our premises on the mode of transport chosen on behalf of the purchaser or as soon as the goods are made available to the purchaser at our premises or at any other designated premises;
- for products shipped outside France, the transfer of risks will take place in accordance with the Incoterm shown on the order acknowledgement. Failing this, the EX WORKS Incoterm will be used.
Article 14 - Liability
In accordance with the provisions of article 17 of law no. 98-389 of 19 May 1998, our company declines all liability for damage caused to goods used by the customer in a professional capacity.
Article 15 - Personal data - RGPD
The Customer's personal data collected by NobelSport are processed in the context of the performance of this Agreement in accordance with the provisions of law number 78-17 of 6 January 1978 amended by law number 2004-801 of 6 August 2004. In particular, in accordance with the provisions of article 34 of the said law, NobelSport undertakes to comply with its obligations in terms of Personal Data Protection and to ensure that its staff comply with them. The Customer also undertakes to respect its obligations within the framework of its own activity. The customer has a right of access, rectification and opposition to the processing of personal data concerning them, by sending a letter. Nobelsport may be required to communicate information relating to the customer at the request of the competent judicial or administrative authorities.