General conditions of sale

The company AKAZE (hereinafter "our Company"), SARL to the capital of 8,000 Euros, registered in the Register of Trade and the Sociétés d'Angers under number 445 245 806, whose head office is 26 Rue François Bordais, at SAINT MACAIRE EN MAUGES (49450), is specialized in the manufacture and marketing of furniture for professionals.

Any order from our Company implies acceptance on the part of the customer of these general conditions of sale which will prevail over any other general or specific conditions which have not been expressly accepted by our Company. It reserves the right to modify these general conditions at any time, in whole or in part.

1. Trade documents: the information on our Company’s website, as well as its commercial documents, has only an indicative value and therefore does not imply any guarantee, any possible modification that may be made. Only the offers validated by our Company commit this one.

2. Commands: orders from our Company are registered by mail, email, fax or telephone.

Any order must be preceded by a prior offer validated by our Company. In order to enable our Company to establish this offer, it is up to the customer to provide accurate and complete information. Any consequence of incomplete, missing or erroneous information attributable to the customer will be the responsibility of the latter, who will therefore not be able to seek liability from our Company. The validity period for offers thus formulated by our Company is thirty (30) days from their date of issue. If the customer does not order within this period, our Company has the right to modify the conditions of its offer.

An order is considered to be accepted only after our Company has issued an acknowledgement of receipt of order, which confirms that it is taken into account. This acknowledgement of receipt shall be considered final in the absence of a customer’s observation at the expiration of a period of forty-eight (48) hours following the date of the customer’s sending.

An order may not be cancelled or modified by the customer after the expiry of this period.

3. Price - Fresh : prices of our products are expressed in euros, excluding taxes and excluding furniture eco-participation, based on our rates in effect on the day of the order.

For any order delivered to a single location located in mainland France excluding Corsica and Overseas Territories, transport costs are invoiced as follows:

For other orders, transport costs are entirely the responsibility of the customer.

4. Billing - Payment:

4-1Our products are charged upon delivery.

By derogation, any first order of a customer, as well as any order of custom furniture, shall, upon registration of the order, result in the issuance of an invoice equal to:

- 100% of the price if it is less than 500 € HT,

- 50% of the price if it is between €500 and €2,500 excluding tax,

- 30% of the price if the price is greater than €2,500.

4-2 Unless special conditions are provided for when ordering, invoices issued by our Company are paid in full at the latter's headquarters within thirty (30) days from their date of issue. No discount is granted in the event of early payment.

4-3 Any failure to pay, regardless of the cause, shall result in full right, without prior notice and without prejudice to any damages or interests:

- the requirement of late interest, possibly increased by VAT, calculated from the day following the due date. The interest rate will be equal to the legal interest rate applied in France plus seven (7) percentage points, beginning on the day after the due date until the full payment date

- the termination of the term for all claims due to our Company by the customer, regardless of the sale in question ;

- suspension of current deliveries

In the event of a delay in payment of an invoice, the customer will also be entitled to a lump sum indemnity in respect of our Company for recovery costs of forty (40) Euros, without prejudice to a supplementary allowance.

If the client's financial situation raises justified concerns, our Company may require special guarantees or payment terms such as cash payment, prior to delivery or production.

4-4 To be taken into account, any contestation of an invoice issued by our Company must be made in writing before the expiry of the above-mentioned settlement period.

5. Shipping:

5-1 Location: delivery is made at the place indicated by the customer at the order.

5-2 Timeliness: Our delivery times are for information purposes only. As a result, the customer cannot avail himself of a delay in cancelling the contract, denying the goods or claiming compensation. In the event of successive deliveries, the default, insufficiency or delay of delivery is without impact on other deliveries and in particular on their payment.

5-3 Risks: Our products always travel at the customer’s risk and risk, as it is specified that prior control is carried out in our premises prior to their removal.

It then belongs to the client:

– to give discharge to the last carrier only after having ascertained, in the presence of the latter, that the shipment has reached it within normal time, that it is complete and in perfect condition. If the carrier refuses to wait in order to allow the customer to conduct this verification, it is up to the customer to mention it on the delivery voucher ;

– to exercise at its own expense and within the time limits its recourse against the carrier or commissioner in the event of total or partial loss of products, damage, missing, delay or error. For all purposes, it is recalled here that the reception of the objects transported extinguishes any action against the valet for damage or partial loss if within three (3) days, not including the holidays, which follow that of the reception, the consignee did not notify the valeter, by extrajudicial act or by registered letter, of his motivated protest. ;

– to take out at its own expense any insurance policy in order to guarantee the risks of total or partial loss, as well as deterioration or destruction of the products

5-4 Complaints - Return of products: it is up to the customer to control the quality, quantity and conformity of our products upon delivery.

If there is no reservation to the delivery voucher, any claim on the non-compliance or apparent defects of the products sold must be made by registered letter with a request for notice of receipt addressed to our Company within a maximum period of eight (8) days from the date of delivery. After this period, no claim for non-compliance or apparent defects may be taken into account. Any general reservation clause such as "subject to unpackage" is worthless.

Any product return is subject to the prior agreement of our Company and compliance with its return shipping procedures and instructions.

6. Major force: are contractually assimilated to cases of force majeure and are causes of extinction or suspension of our Company’s obligations, without recourse from the customer, accidents affecting the production and storage of products, the total or partial termination of the supply, the failure of the carrier, the fire, the flooding, the fact of third parties, the war and any external event that would be of a nature to delay, prevent or render our commitments economically.

In the event of a case of force majeure within the meaning of these conditions, the latter is notified to the client by sending a registered letter with acknowledgement of receipt within eight (8) days of its appearance.

7. Warranty: the goods sold by our Company are entitled to the legal guarantee of hidden defects defined in articles 1641 et seq. of the Civil Code. However, it is stated here that this guarantee is excluded for all malfunctions, damages and damages resulting from abnormal conditions of use, voluntary destruction, a change in the assignment of the goods by the customer, as well as any other non-imputable cause to a failure of manufacture or design. It is also specified that the legal guarantee of hidden defects applies only to the extent that the customer has fulfilled its obligations with respect to the payment of the price.

8. Responsibility: our Company has a “professional civil liability” insurance policy with a reputable and notoriously solvent company. It is, however, specified that the liability of our Company is expressly subordinated to perfect compliance with the customer's obligations. Thus, the liability of our company can only be sought to the extent that the customer has fulfilled his obligations with regard to payment of the price.

9. Reserve of property: le transfer of ownership of the products sold by our Company is subject to the full payment of the price by the customer. The latter must therefore ensure the proper conservation of our products until the transfer of ownership to its benefit. The risks being transferred to the customer upon delivery of the products, it will have to ensure the products for the benefit of our Company against all risks of damage and liability during the duration of the property reservation. The customer is obliged to immediately inform our Company of the seizure or confiscation of the goods for the benefit of a third party and take any defence measures to assert the right of ownership of our Company. In the event of a total or partial non-payment of the price at any time, and for any reason, our Company may require, in full and without formality (excluding compliance with the legal provisions relating to safeguarding, recovery and judicial liquidation), the return of the goods to the costs, risks and perils of the customer, which obliges itself to make any diligence to that effect, having agreed that the various products present at the places deemed to be delivered from the customer will be.

10. Evidence: the customer accepts the use of e-mail for the transmission of information concerning the conclusion or execution of the order and, in general, for all exchanges under these conditions. The data recorded by our Company during the conclusion or execution of the order is proof of all transactions concluded with the customer. The parties may avail themselves of the paper-based printing of an electronic message to prove the content of the exchanges they had with respect to the performance of these Terms and Conditions.

11. Litigation: all relations between our Company and its clients are governed by French law.

Any disputes or difficulties so, more generally, that any disputes with customers relating to the interpretation or execution of these proceedings will be the exclusive jurisdiction of the ANGERS Trade Tribunal (49).

12. Miscellaneous features:

12-1 The fact that any of these conditions is not invoked at any given time may not be interpreted as waiving the application of these conditions.

12-2 In the event that any of these conditions would be declared null or contrary to a public order provision, it will be deemed non-written and other stipulations will remain in force.

12-3 In the event of a discrepancy between these general conditions and the specific conditions agreed upon between the parties during the order, the latter shall prevail.