Terms of Sales
Clause 1: Purpose
The general conditions of sale described below detail the rights and obligations of the company CapBurdi and its client within the framework of the sale of the following goods: escapades. Any service performed by the company CapBurdi therefore implies the buyer’s full acceptance of these general conditions of sale.
Clause 2 : Price
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order. The company CapBurdi grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause n ° 3: Discounts and rebates
The proposed prices include the discounts and rebates that the company CapBurdi would have to grant taking into account its results or the assumption by the purchaser of certain services.
Clause n ° 4: Discount
No discount will be granted in the event of early payment.
Clause n ° 5: Terms of payment
The payment of the orders of escapades is carried out : either by transfer for companies in a tailor-made circuit ; either by bank card for organized tours ; When registering the order for a tailor-made circuit, the buyer must pay a deposit of 20% of the total amount of the invoice, the balance to be paid upon receipt of the goods.
Clause n ° 6: Late payment
In the event of total or partial failure to pay for the goods delivered on the day of receipt, the buyer must pay the company CapBurdi a late payment penalty equal to three times the legal interest rate. The legal interest rate used is that in force on the day of delivery of the goods. As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014). This penalty is calculated on the amount including tax of the amount still due, and runs from the due date of the price without any prior notice being necessary. In addition to late payment, any sum, including the deposit, not paid on its due date will automatically produce the payment of a lump sum indemnity of 40 euros due for recovery costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause n ° 7: Termination clause
If within the fifteen days following the implementation of the “Late payment” clause, the buyer has not paid the sums remaining due, the sale will be automatically terminated and may give rise to the right to the allocation of damages for the benefit of CapBurdi.
Clause n ° 8: Retention of title clause
The company CapBurdi retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is the subject of reorganization or judicial liquidation, the company CapBurdi reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.
Clause n ° 9: Delivery
Delivery is made: either by the direct delivery of the goods to the buyer; either by sending a notice of availability in store for the attention of the buyer; or at the place indicated by the buyer on the order form. The delivery time indicated during the registration of the order is given for information only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to: the award of damages; cancellation of the order. The risk of transport is borne in full by the buyer. In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post.
Clause n ° 10: Force majeure
The responsibility of the company CapBurdi cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause n ° 11: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Bordeaux.